376. In respect of article 16 of the Convention, further details were sought of
the results of the Government’s investigation into psychiatric care.
377. Replying to the various questions raised, the representative of the State
party informed the Committee of the relevant provisions of the Code of Judicial
Procedure, under which the Court of Appeal had jurisdiction in cases concerning
offences by judges of lower courts, while the Supreme Court had jurisdiction to
handle offences by judges of the Court of Appeal and the Supreme Court as well
as the Chancellor of Justice or the Chief State Prosecutor.
378. With regard to article 1 of the Convention, the representative informed the
Committee of the provisions of Swedish domestic law prohibiting torture and
protecting against torture, cruel and other inhuman practices, including the
prohibition of the use of corporal punishment against children. In addition, he
explained that, in Sweden, no statistics were collated in relation to complaints
or sentences against police officers or wardens accused of ill-treating persons
deprived of their liberty, although information on such cases could be gleaned
from opinions expressed by the Personnel Responsibility Committee of the
National Police Board to the courts. Reference was made to such information.
379. In connection with article 3 of the Convention, the representative provided
information on the means by which officials making decisions on asylum cases
evaluated the risk of torture in other countries to which an alien might be
sent, and indicated that officials of the Swedish Immigration Board and the
Aliens Board, the decision-making bodies on asylum cases, had a good knowledge
of the human rights situation in various countries. They received such
information from reports from Sweden’s foreign missions, national and
international voluntary organizations and international bodies. In addition,
the competent officials were trained on a continuing basis and travelled
frequently in order to form their own opinions regarding local circumstances.
380. Concerning article 4 of the Convention, the representative clarified that
the maximum penalty of six years’ imprisonment for gross misuse of office was
not the maximum penalty for torture. Acts of torture were more likely to be
deemed to be aggravated assault, which carried a maximum penalty of 10 years’
imprisonment. Moreover, if an act of torture led to the victim’s death, it
might be considered as murder, which carried the maximum penalty of life
imprisonment.
381. In connection with article 11 of the Convention, the representative
provided further information on the rules and regulations governing the
detention of aliens. In particular, he made reference to the provisions of the
Aliens Act by which an alien aged 16 or over might be detained and the grounds
for such detention. He indicated that an alien might not be detained for more
than 48 hours for purposes of investigation and that only in exceptional
circumstances could an alien be detained for more than two weeks. Moreover, if
a refusal of entry or expulsion order had been made, an alien might be detained
for up to two months, unless there were exceptional grounds for a longer period.
In addition, he provided statistical data on the number of alien adults and
children detained in 1992 and the length of their period of detention.
382. With regard to articles 12 and 13 of the Convention, the representative
informed the Committee of the procedures available to persons who considered
themselves victims of illegal acts to institute private prosecutions. He
explained that although the Code of Judicial Procedure contained provisions for
the initiation of private prosecutions, in most cases of serious assault the
alleged victim was not entitled to initiate a prosecution on his own unless the
prosecutor had decided not to prosecute. Regarding procedures available to deal
with complaints against police officers, the representative indicated that
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