.- ... _------------------------- 263. ~he Committee considered the initial report of Algeria (CAT/C/9/Add.5) at its 79th and 80th meetings, held on 25 April 1991 (CAT/C/SR.79 and 80). 264. The report was introduced by the rerresentative of the State party, who referred to the ongoing process of legal reform in his country. In this context, he drew the attention of members of the Committee to the adoption of a law in March 1990 clearing the path for the establishment of a mUlti-party system in hlgeria. 265. The members of the Committee commended the Government of Algeria for the quality of its report and expressed their appreciation for the democratic nature of the process of legal reform. With regard to the form of the report, it was noted thRt the first part contained perhaps too much information of a general nature, which was of little direct relevance to the Implement&tion of the Convention. Members of the Committee wished to receive additional information on the revisions made in the organization of the jUdiciary, wi~h emphasis on training, conditions for nomination and dismissal, disciplinary provisions and the political rights of judges. They also wished to know how the provisions for the protection of jUdges against all forms of pressure were put into practice; whether the jUdge's obligation to conciliate between parties in a litigation pertaining to administrative law might not lead to an arbitrary result in the case of an individual opposing public authorities; and whether reparation could be obtained for judicial errors. Information was sought also on the establishment, membership and powers of the National Comm1ttee against Torture and the Constitutional Council. 266. Noting that international treaties were accorded precedence over domestic law, members of the Committee asked whether any specific laws had been adopted implementing the Convention. They also wishea to be provided with information of a general nature on the laws and measures governing prison administration and on the role of the armed forces in the maintenance of order. Additional information was requested with rogard to the competence of tribunals during the state of exception and the validity of their earlier rulings and on the application of the death penalty in Algeria. Members of the Committee also asked what the scope was of the amnesty mentioned in paragraph 7 (1) of the r9port and whether the victims of the crimes involved had been compensated. 267. With regard to article 1 of the Convention, members of the Committee asked whether the definition of torture in article 1 of the Convention applied in Algeria by virtue or the integration of the Convention in domestic leghlatlon. 268. With cegard to article 2 of the Convention, members of the Committee wished t.o know what measures had been taken to prevent torture, especially with rogard to rules of interroqation of detainees and possibilities for complaint i •• cases of ill-treatment. They also wished to know whether any amendments were envisaged with regard to legislation on the state of emergency; under what circwnstances a state of emergency could be proclaimed and whether a state o( emergency ·:vuJ d suspend the r iqhts of a detainee to communicate wihl a lawyer and tn have access to medical care; and whether the bon on torture could be lifte~ in such circumstances. Finftlly, it was asked -49-

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