150. Fundamental freedoms were further safeguarded by article 35 of the
Provisional Constitutional Declaration, which stated that no legislation
contrary to the basic principles of justice might be enacted. Legal
guarantees and the functions of the Supreme Court ensured that justice was
administered in accordance with the principles of the Provisional
Constitutional Declaration and article 14 of the Convention. In that
connection, article 166 of the Civil Code provided for compensation for an
individual whose rights had been violated. Compensation could be requested in
both civil and criminal courts.
151. With reference to the functioning of the courts, the representative
stated that the People's Court was competent to hand down rUlings on all
matters relating to the freedoms and rights of citizens on the basis of
relevant sections of part 4 of the Penal Code and where the matter in question
had not previously been dealt with by the competent authorities. Recourse to
the courts was free and the courts were required to ensure that all jUdicial
safeguards, including access to defence counsel and legal assistance, were
provided. Domestic legislation provided that the courts could not use
confessions extracted from detained persons: such confessions were regarded
as null and void and a court could inquire into the pircumstances under which
charges originated and statements were made. The Supreme Court could order
the release of any detained person when the procedure adopted by the officials
responsible for the detention was incompatible with legal provisions or where
the offlcials had exceeded their mandate.
152. With reference to the treatment of prisoners, the representative informed
the Committee, inter alia, that prison authorities were required to monitor
prison conditions and the conduct of prison officials and were entitled to
authorize other competent persons to inspect prisons. The Department of
Public Prosecutions was authorized to take steps to prevent the ill-treatment
of prisoners and to prosecute those responsible for any ill-treatment which
might occur.
153. Referring to article 10 of the Convention, the representative stated that
steps were being taken to ensure that relevant education and educational
materials were made available at secondary and university level, particularly
in law faculties.
154. Finally, the representative stated that where violations occurred, the
Convention could be invoked in order to safeguard rights and freedoms. He
pointed out that there had been specific cases where legal and disciplinary
action had been taken against state officials who had exceeded their authority
and where penalties of imprisonment and fines had been imposed.
155. Members of the Committee thanked the Libyan Government for its report and
its representative for his oral statement providing additional information.
Members of the Committee observed, however, that further information was
necessary with regard to the legislative provisions relating specifically to
torture, and that the relevant texts of the legislation should be provided.
They wished to know, in particular, how the police force was appointed and
educated; how jUdges were appointed and whether they could be removed; what
rules governed the actions of prosecutors; who conducted investigations into
crimes; what hierarchy existed in the courts and what were the respective
jurisdictions; whether persons suspected of an offence could be held in
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