Penal Code had been modified with regard to the offence of misuse of authority,
so that, effective from 1 October 1989, such an offence no longer had to cause
damage in order to be punishable. Thirdly, the major change to two new Acts,
the Act concerning Psychiatric Compulsory Care and the Act concerning Forensic
Psychiatric Care, both of which had entered into force on 1 January 1993, was to
set a time-limit for compulsory care which was subject to judicial control.
367. The representative also made reference to remarks contained in the report
prepared by the European Committee for the Prevention of Torture following its
visit to Sweden from 5 to 14 May 1991. Those remarks indicated that no
allegations of torture or other evidence of torture had been found in Sweden and
that, at present, persons deprived of their liberty in Sweden ran little risk of
being physically ill-treated.
368. The representative also informed the Committee that a governmental
investigation into psychiatric care had recently submitted its proposals for
strengthening the Government’s support for the rehabilitation of torture
victims. The report had recommended the establishment of a special institute
against torture and organized violence. In addition, he described new
provisions further limiting the possibility of detention of a child under 16
which had come into force under the Aliens Act from 1 January 1993.
369. The members of the Committee expressed appreciation to the representative
of the reporting State for the brief but comprehensive information contained in
the report and his introduction. They welcomed especially the decision of
Sweden to make public the report prepared by the European Committee for the
Prevention of Torture following its visit to Sweden and the information
contained therein which attested to Sweden’s full compliance with the provisions
of the Convention against Torture. Nevertheless, members of the Committee
sought various clarifications as to the implementation of the Convention in
Sweden.
370. On issues of a general nature, clarification was requested as to the
jurisdiction of the Appeals Court and Supreme Court in the event of an offence
having been committed by a judge or another official responsible for the
administration of justice.
371. With regard to article 1 of the Convention, it was asked whether Sweden
would not reconsider the possibility of introducing into its Penal Code a
specific definition of torture as such a step would assist in clarifying the
practice and punishment of torture and in the collection of reliable statistical
data on the practice of torture.
372. Concerning article 3 of the Convention, clarification was sought as to its
implementation with regard to the methods employed by the State party to
evaluate the risk of torture in other countries to which a person might be
extradited.
373. In connection with article 4 of the Convention, clarification was requested
as to the penalties prescribed for acts of torture.
374. Concerning article 11 of the Convention, additional information was sought
on the rules governing detention.
375. With regard to articles 12 and 13 of the Convention, clarification was
sought on information contained in paragraphs 14 and 87 of the report regarding
the procedures available to individuals to initiate private prosecutions and
complaints against public officials and the mechanisms available for
investigating into complaints against police officers.
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