CAT/C/LUX/CO/6-7
The State party should take the legislative and administrative measures necessary to
expedite the opening and operation of the Dreiborn closed security unit for minors
and ensure, in the interim, that juvenile detainees and prisoners under 18 are always
held separately from adults, in line with the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (rules
13.4 and 26.3) and the United Nations Rules for the Protection of Juveniles Deprived
of their Liberty (rules 17, 28 and 29). It should employ alternatives to incarceration,
taking into account the provisions of the United Nations Standard Minimum Rules for
Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders
(the Bangkok Rules), and ensure that minors are always tried in juvenile courts.
Training
14.
While noting with appreciation the detailed information received by the State party
regarding the training of civil service employees involved in the arrest, custody, detention
and imprisonment of persons, the Committee regrets that there is no information available
on the impact of training on preventing torture and ill-treatment. It is concerned that it did
not receive sufficient information on the training of personnel on their specific obligations
under the Convention and of medical practitioners involved in the treatment of detainees
and asylum seekers (arts. 10 and 11).
The State party should:
(a)
Ensure that officials involved in the arrest, custody, detention and
imprisonment of persons are trained on and aware of the specific obligations imposed
on them under the Convention;
(b)
Ensure that all relevant staff, including medical personnel, are trained
specifically to identify cases of torture and ill-treatment, in accordance with the
Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol);
(c)
Develop and implement a methodology for assessing the impact and
effectiveness of training programmes with regard to preventing torture and illtreatment.
Powers of the Public Prosecutor
15.
As expressed in paragraph 11 of the Committee’s previous concluding observations
(CAT/C/LUX/CO/5), the Committee is concerned about the Public Prosecutor’s discretion
to decide whether to prosecute perpetrators of acts of torture and ill-treatment involving law
enforcement officers or even order an investigation (arts. 12 and 13).
The Committee reiterates its previous recommendation. The State party should
ensure that whenever there are allegations of torture or ill-treatment they are
investigated promptly and effectively and that perpetrators are sanctioned
accordingly.
Investigative powers of the Police Inspectorate
16.
The Committee welcomes the appointment of a judicial magistrate as the head of the
Police Inspectorate as a measure to improve the independence of the Inspectorate.
However, it is concerned that the investigatory body, which is a part of the Ministry of
Internal Security and composed of former police officers, is not sufficiently independent to
ensure the proper and impartial investigations of complaints of police misconduct as
required under the Convention (art. 12).
4