381. In connection
with that issue,
members of the Committee wished to know
whether
there had been any allegations
that criminal
convictions
had been
handed down on the basis of confessions
obtained
under duress and what the
regulations
had been adopted
possible
remedies would be in such cases: whether
to abolish
corporal
punishment
in all schools;
and what measures
had been
taken to give effect
to the right
of everyone not to be subjected
to medical
Clarification
was also
or scientific
experiment
without
his free consent.
requested
of the reservation
made by the United Kingdom, on ratifying
the
Covenant,
relating
to the right
to apply to persons
lawfully
detained
in penal
establishments
of any kind suah laws and procedures
as it might deem necessary
for the preservation
of discipline
: of provisions
relating
to the
admissibility
of confessions
in Northern
Ireland;
and of the apparent
discrepancy
between article
3 of the Hong Kong Bill of Rights,
which was
identical
to article
7 of the Covenant,
and article
28 of the Basic Law.
3U2. In his reply, the representative
of the State party said that while
allegations
of serious ill-treatment
aimed at obtaining confessions had
If the
occasionally
been made, they had been very rare in recent years.
allegation
was made in the course of a criminal trial,
the matter was decided
during the trial
itself
and, if upheld, such statements were not admitted as
evidence.
The Police and Criminal (Northern Ireland) Order contained
extensive provisions
relating
to ordinary criminal offences and ensured that
statements obtained under duress were not admissible and allowed the judge to
rule on admissibility
if there was any suggestion that evidence had been
unfairly
obtained.
A wide-ranging programme of measures to prevent
ill-treatment
of suspects had been introduced in recent years, mostly under
the Police and Criminal Evidence Act.
383. Responding to other questions, the representative
explained that medical
treatment without the consent of the patient was considered to be an assault
under the law. Although corporal punishment had been abolished for all
publicly
funded schools and publicly
funded pupils in independent schools, it
remained legal for privately
funded pupils at independent schools.
Such a
distinction
was justified
because the Government did not want to criminaliee
every form of chastisement of children.
Excessive punishment of a child would
be covered by the ordinary law on offences against the pereon,
304. With reference to that issue, members of the Committee requested
clarification
of the apparent discrepancy between the indication
in the report
that a detainee had to be brought before a magistrate’s
court and charged
within 96 hours of his arrest and the statement that detention periods were
subject to the sanction of the court after 36 hours.
They inquired whether
legislation
similar to the Police and Criminal Evidence Act,. 1984, had come
into operation in Northern Ireland;
whether m_aratfa
payments to persons who
had been detained in custody resulted from an enforceable right to
compensation, in the sense of article
9, paragraph 5, of the Covenant; and
whether suspects systematically
underwent a medical examination or could
themselves request such examinations.
Further information
was also requested
about the practice
regarding periods recommended by the Home Secretary that
life prisoners should serve: and on the provision
in the Prevention of
-95-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents