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Committee against Torture, Consideration of reports submitted by States Parties under article 19 of the Convention, Libyan Arab Jamahiriya, U.N. Doc. A/50/44 at 16 (1995).

 

95. The Committee considered the second periodic report of the Libyan Arab Jamahiriya (CAT/C/25/Add.3) at its 201st and 202nd meetings, held on 15 November 1994 (see CAT/C/SR.201 and 202 and Add.2), and adopted the following conclusions and recommendations.

A. Introduction

96. The Libyan Arab Jamahiriya submitted its report in a timely manner. The contents of the report were enhanced by a valuable introduction by the Libyan delegation.

B. Positive aspects

97. The Committee notes with satisfaction that the Libyan Arab Jamahiriya has met its reporting requirements under the Convention.

98. The Committee also notes with satisfaction that the terms of the Convention have been generally incorporated in the domestic law of the Libyan Arab Jamahiriya and, in particular, that the State party has defined a separate crime of torture.

C. Matters of concern

99. The Committee is concerned that in the Libyan Arab Jamahiriya incommunicado detention continues to create conditions which may lead to violations of the Convention.

100. The Committee is also concerned that allegations of torture in the State party continue to be received from reliable non-governmental organizations which have provided well-founded information in connection with other monitoring activities of the Committee.

D. Recommendations

101. The Committee recommends that the Libyan authorities guarantee the free access of a person deprived of his liberty to a lawyer, to a doctor of his choice and to his relatives at all stages of detention.

102. The Libyan Government should continue to fight against torture by: (i) sending clear messages and instructions to that effect to its police and providing educational programmes to them; (ii) ensuring that those who commit the offence of torture are prosecuted in accordance with the law.

103. The Committee encourages the Libyan Government to consider making the declarations provided for under articles 21 and 22 of the Convention.

104. Finally, the Committee looks forward to the next report and invites the Government of the Libyan Arab Jamahiriya to submit to it replies in writing to those questions which have remained unanswered.

 


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