Convention Abbreviation: CAT
COMMITTEE AGAINST TORTURE
Twenty-first session
9-20 November 1998
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Iceland
53. The Committee considered the initial report of Iceland (CAT/C/37/Add.2)
at its 350th, 351st and 357th meetings, held on 12 and 17 November
1998 (CAT/C/SR.350, 351 and 357) and has adopted the following conclusions
and recommendations:
1. Introduction
54. The Committee
thanks the Government of Iceland for its frank cooperation and its
representative for the constructive dialogue. It considers that the
initial report of the State party fully conforms with the Committee's
general guidelines for the preparation of reports and provides detailed
information on the implementation of each provision of the Convention.
2. Positive
aspects
55. The Committee
notes with satisfaction that Iceland has made the declarations necessary
to recognize the Committee's competence under article 21 and 22 of
the Convention.
56. It also
notes with satisfaction that the amendments to the Constitution adopted
in 1995 enhance protection of human rights and establish, in particular,
the absolute prohibition of torture.
57. The Committee
finally commends the Icelandic authorities for the enactment of legislation
and rules on the rights of arrested persons, interrogations by the
police, and the protection of persons committed to psychiatric hospitals
against their will.
3. Subjects
of concern
58. The Committee
is concerned over the fact that torture is not considered as a specific
crime in the penal legislation of the State party.
59. It is
equally concerned about the use of solitary confinement, particularly
as a preventive measure during pre-trial detention.
4. Recommendations
60. The Committee
recommends that:
(a) Torture
as a specific crime be included in the penal legislation of Iceland;
(b) The
Icelandic authorities review the provisions regulating solitary confinement
during pre-trial detention in order to reduce considerably the cases
to which solitary confinement could be applicable;
(c) The
legislation concerning evidence to be adduced in judicial proceedings
be brought in line with the provisions of article 15 of the Convention
so as to explicitly exclude any evidence made as a result of torture;
(d) Information
on constraining measures applied in psychiatric hospitals be included
in Iceland's next periodic report.
