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. -50-

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