recommendations of CPT and by entering into serious dialogue with those inmates continuing hunger strikes;
(g) Review the current legislation and practice in order to ensure that the expulsion of irregular aliens is carried out with
full respect for the legal guarantees required by international human rights standards, including the Convention;
(h) Ensure that fair and adequate compensation, including financial indemnification, rehabilitation, and medical and
psychological treatment are provided to the victims of torture and ill-treatment;
(i) Ensure that human rights defenders and non-governmental organizations are respected, together with their premises
and archives;
(j) Include the prevention of torture in the Human Rights Education Programme of Turkey (1998-2007) and ensure that
all the new developments in legislation are made widely known to all public authorities;
(k) Intensify training of medical personnel with regard to the obligations set out in the Convention, in particular in the
detection of signs of torture or ill-treatment and the preparation of forensic reports in accordance with the Istanbul
Protocol;
(l) Provide in the next periodic report detailed statistical data, disaggregated by crime, region, ethnicity and gender, on
complaints relating to torture and ill-treatment allegedly committed by law enforcement officials, as well as related
investigations, prosecutions, and penal and disciplinary sentences;
(m) Provide in the next periodic report information on the implementation of the “Return to Village Programme”
regarding internally displaced persons;
(n) Disseminate the Committee’s conclusions and recommendations widely in the State party in all appropriate
languages.
124. The State party is invited to submit its next periodic report, which will be considered as the third, by 31 August
2005.
BELGIUM
125.The Committee considered the initial report of Belgium (CAT/C/52/Add.2) at its 558th, 561st, 562nd and 569th meetings, held
on 6, 7, 8 and 14 May 2003 (CAT/C/SR.558, 561, 562 and 569), and adopted the following conclusions and recommendations.
A. Introduction
126.The Committee welcomes with satisfaction the initial report of Belgium, which does not, however, contain enough information on
the practical implementation of the Convention and the difficulties encountered in that regard.
127.The Committee welcomes the presence of a delegation composed of high-level experts, who replied fully and frankly to the
many questions asked. The Committee welcomes with great satisfaction the very high quality of the ensuing dialogue.
B. Positive aspects
128.The Committee notes with satisfaction the following elements:
(a)The ratification of the Convention without reservations and the recognition of the Committee’s competence to consider inter-State
and individual complaints (arts. 21 and 22);
(b)The adoption on 14 June 2002 of the Act bringing Belgian law into line with the Convention and introducing in the Penal Code
articles on torture and inhuman or degrading treatment stating that an order by a superior cannot justify the offences of torture or
inhuman treatment;
(c)The adoption on 18 July 2001 of an article in the Code of Penal Procedure recognizing the competence of Belgian courts to try
offences committed outside Belgium which are covered by an international convention which is binding on Belgium;
(d)The establishment in 1991 of the Standing Committee on the Supervision of the Police Services (P Committee), under
parliamentary authority, and the subsequent strengthening of its powers;
(e)The repeal in 1999 of article 53 of the Act of 8 April 1965 allowing minors to be placed in detention centres for a period of not
more than 15 days, and the efforts being made by the Flemish and French communities to solve problems of overcrowding in
specialized establishments for juvenile delinquents.
C. Subjects of concern
129.The Committee is concerned about:
(a)The lack of explanations concerning the concept of a “manifestly unlawful order” and the fact that an official having subjected a
person to degrading treatment may be relieved of criminal responsibility under article 70 of the Penal Code if he or she was following
the order of a superior;
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