whether positive Algerian law provided that an Qrder from a superior officer
or a public authority might not be invoked as a justification of torture.
269. Noting that the report referred to articles of the Convention relating to
the Status of Refugees, members of the Committee remarked that article 3 of
the Convention against Torture and Other Cruel, Inhuman Or Degrading Treatment
or Punishment was of a broader nature and queried whether Algerian legislation
on refoulement and extradition was in conformity with the latter Convention.
It was asked in particular whether aliens benefited from additional guarantees
with regard to expulsion. With reference to information from Amnesty
International concerning Moroccan soldiers who had fled to Algeria and were
subsequently returned to their country, it was asked whether their expressed
fears of being tortured upon return in their country had been taken into
account by the Algerian authorities.
270. With reference to article 4 of the Convention, members of the Committee
asked how the crime of torture as defined in the Convention was punished and
whether non-physical violence was also covered by the law. They wished to
receive information on the number of cases of torture and to be provided with
some examples of jurisprudence in such cases. Furthermore, they asked whether
those guilty of inflicting death by negligence were subject to capital
punishment.
271. With regard to article 5 of the Convention, members of the Committee
asked what the position would be of a person known to have committed torture
on an Algerian citizen outside Algerian territory.
272. Turning to articles 6, 7 and 6 of the Convention, members of the
Committee asked to be provided with information on rules governing the
procedure in cases of apprehension in flagrante. They wished to know whether
extradition procedures provided fo~ custody as envisaged in article 6 of the
Convention; how article 7 of the Convention was implemented in Algerian
legislation; whether extradition was subject to the existence of a treaty; and
whether political considerations were taken into account in extraditing
persons accused of torture.
273. With regard to article 10 of the Convention, members of the Committee
sought information with regard to the training of legal, medical and prison
staff.
274. With reference to article 11 of the Convention, members of the Committee
asked what were the maximum periods of preventive, pre-trial and secret
detention and which authorities ruled on their prolongation; whether detainees
had access to their lawyer at all times: how prison establishments were
supervised by the judicial authorities; and whether prison guards were armed
and what their instructions were in cases of mutiny or mass escape.
275. With regard to article 12 of the Convention, members of the Committee
asked whether there had been any investigations into cases of torture. It was
also asked what had been the number and nature of brutalities that ha~
occurred in the affair at the Blida prison. Members of the Committee wished
to be info~ed of the jUdicial aftermath of this, affair and inquired whether
similar problems had also occurred elsewhere.
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