duri
conI
judiciary was guaranteed: how the activities of the National Security Corps
were regulated; how the National Councils of the Czech and Slovak Republic and
of the Federal Assembly on the pOlice would regulate the latter's activities
in combating torture; how the principle of the rule of law was to be
guaranteed; whether any complaints of torture or ill-treatment had been made
in recent years; whether the perpetrators had been punished either by court
convictions or disciplinary measures; and whether compensation had been
provided for the victims.
138,
macl
oute
139.
rehc
that
in F
130. Concerning the reporting State's intention to withdraw its reservation to
article 20 and to make the declaration under article 22, members wished to
know what legislation was to be adopted and what administrative measures would
be taken to give full effect to the Convention in that regard.
131. With reference to articles 1 and 4 of the Convention, members of the
Committee noted that there was no definition of the specific offence of
torture in Czechoslovak penal law and they observed that the legislation cited
in the report was not adequate to satisfy the requirements of those articles.
They, therefore, wished to receive extracts of various penal provisions
relating to the Convention in order to assess whether Czechoslovak law fully
covered acts of torture as defined in the Convention.
132. In connection with article 2 of the convention, members of the Committee
wished to know whether there were any specific cases in which a member of the
National Security Corps had refused to obey an order from a superior on the
grounds that it would mean committing a criminal offence.
140.
I
tran
defi
Conv
was
pena
draf
the
rega
Cornrn,
liab:
of tl
40 Cl
1989,
been
133. Regarding article 3 of the Convention, members noted that the inclusion
in the Convention of that article was intended precisely to cover cases that
were not within the scope of the 1951 Convention relating to the Status of
Refugees and asked what legal measures had been taken to implement, in
particular, paragraph 2 of that article.
134. In connection with article 5 of the Convention, it was asked whether the
provision contained in section 20 (a) of the amended Penal Code, whereby
Czechoslovak law would be applicable in cases where international treaties
applied, had precedence over the provision contained in article 20,
paragraph 1, of the Penal Code, which provided that Czechoslovak law would be
applicable in the case of offences committed abroad by aliens only if the
offence was also punishable under the law in force in the territory where it
had been committed.
135. With regard to article 7 of the Convention, clarification was requested
in respect of a number of exceptions, listed in the report, to the institution
of proceedings for criminal offences.
136. Concerning article 10 of the Convention, members recalled that the
article required medical as well as law enforcement personnel to be educated
about the prohibition against torture.
137. In connection with article 11 of the Convention, members of the Committee
wished to know specifically what guarantees detained persons enjoyed and how
rules and practices in that regard were kept under reView; what was the
-28Digitized by Dag Hammarskjöld Library
141.
the J
and c
142.
that
requi
consi
143.
it wa
more
autho
144. I
the m
to in
addit,
human,
per SOl
isolal
lengtl
execul
detent
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