85. Referring to article 15 of the Convention, the representative stressed that
no testimony obtained unlawfully was admissible, although there was no specific
legislation on the matter.
Conclusions and recommendations
86. The Committee expressed the view that the second periodic report of Norway,
which had been submitted punctually, showed what progress had been made in the
implementation of the Convention in Norway since the Committee had dealt with
the initial report in April 1989. Apart from a few points which had been
cleared up during the discussion, the Committee felt that the only problem was
the relationship between international law and, in particular, the Convention
against Torture and Norwegian domestic law.
87. The Committee recommended that Norway should include a definition of
torture in its domestic law and that it should explicitly characterize torture
as a crime; that would make it possible to solve problems relating to universal
jurisdiction. Another solution, equally acceptable, would be to make the
Convention part of Norwegian domestic law.
Argentina
88. The second periodic report of Argentina (CAT/C/17/Add.2) was considered by
the Committee at its 122nd to 124th meetings, on 11 and 12 November 1992 (see
CAT/C/SR.122, 123 and 124/Add.1).
89. The report was introduced by the representative of the reporting State, who
stated that, in accordance with article 27 of the Vienna Convention on the Law
of Treaties, Argentina gave precedence to an international convention to which
it was a party when it was in conflict with domestic law. When Argentina
ratified an international instrument, the provisions immediately became
applicable by domestic administrative and judicial bodies.
90. The representative also provided information on various initiatives taken
by his Government with regard to the training of prison staff, changes within
the legal system, new administrative measures and the provision of compensation
to victims of human rights violations.
91. With regard to the training of prison officials, he indicated that the
curriculum designed for them included courses on constitutional law, ethics and
human rights, and public and criminal law, and that their educational programmes
were placing increased emphasis on teaching tolerance and respect for human
rights and dignity.
92. Concerning legislative changes, the representative stated that Act
No. 23,950/91 amending Act No. 14,467 on the treatment of prisoners stipulated
that no individual could be detained without a court order. If the police had
sufficient reasons to detain an individual, it could do so for no more than
10 hours to check his record, as against 48 hours previously. The Code of Penal
Procedure provided, inter alia, that the maximum period for which an individual
could be held incommunicado had been reduced from 10 days to 72 hours.
Detainees had the right to communicate with their defence counsel before being
detained incommunicado. A medical examination was compulsory at the beginning
of detention. The new Code of Penal Procedure also abolished the validity of
"spontaneous statements" at police stations. The accused could make a statement
only before a judge. The system for prison visits had been amended by the new
Code, which had entered into force on 5 September 1992. The post of judge for
the enforcement of sentences had been created to deal with problems in prisons,
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