submitted to corporal punishment for certain crimes punishable under Islamic law
and it was asked whether Afghanistan characterized such penalties as "pain or
suffering arising only from, inherent in, or incidental to, lawful sanctions",
as stated in article 1 of the Convention.
59. In his reply, the representative of the State party stated that since the
Islamic State had been restored in Afghanistan, torture as defined in the
Convention was not practised; it was considered contrary to Islamic law and
prohibited by the Penal Code. The legislation mentioned in the report was still
valid, but it was likely to be amended following the adoption of the new
Constitution and would be brought in line with Islamic precepts. He then
referred to the categories of penalty in Islamic law and stated that the
principle of the separation of powers was fully respected in his country.
Judges were appointed by the head of State, who also decided on their promotion
on the basis of reports made by the Minister of Justice. At present, the courts
applied the Shariah laws, but not very strictly. In the event of any conflict
between internal law and the Convention, the Convention took precedence. The
representative stressed that the current leaders of Afghanistan would respect
all conventions to which the country was a party under the previous regime and
would submit a more detailed report to the Committee.
60. With reference to article 2 of the Convention, the representative stated
that a state of siege had not been officially decreed in Afghanistan and that,
following the general amnesty, all prisoners, including criminals, had been
released. There were no longer any prisons in Afghanistan, but small detention
centres only. There was a system of legal aid or legal assistance for the
accused, but it was somewhat unsatisfactory, mainly because Afghanistan was an
underdeveloped country.
61. In connection with article 14 of the Convention, the representative pointed
out that the courts determined the nature and amount of compensation for loss or
injury on the basis of the relevant Islamic precepts.
Conclusions and recommendations
62. The Committee was generally of the opinion that, in view of the enormous
changes Afghanistan had been going through recently, the Government of
Afghanistan should submit a new report combining the information required in an
initial report, an additional report and a periodic report in a single document.
The new report should take account of all the questions asked and follow the
general guidelines of the Committee regarding the form and contents of reports
to be submitted by States parties. It should focus, in particular, on such
aspects as the structure of the legal system, conditions of detention and the
role of training and education; it should also clarify to what extent Islamic
law was incorporated into Afghan criminal law. The new report should be
submitted by the end of June 1993, so that the Committee could discuss it at its
November 1993 session. The Committee further recalled that the Centre for Human
Rights was at the disposal of the Government of Afghanistan to help it draft its
report and to provide technical assistance in the field of human rights.
Norway
63. The Committee considered the second periodic report of Norway
(CAT/C/17/Add.1) at its 122nd and 123rd meetings, on 11 November 1992 (see
CAT/C/SR.122 and 123).
64. In introducing the report, the representative of the State party indicated
that the investigations of 368 alleged cases of large-scale police brutality in
the city of Bergen, which had been discussed in May 1989 during the
-13-