Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Twenty-second session
26 April-14 May 1999
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Luxembourg
170. The Committee considered the second periodic report of Luxembourg
(CAT/C/17/Add.20) at its 376th, 379th and 383rd meetings, held on
4, 5 and 7 May 1999 (see CAT/C/SR.376, 379 and 383), and adopted
the following conclusions and recommendations.
1. Introduction
171. The
Committee welcomes the second periodic report of Luxembourg and
the oral report given by the State party's representatives. It notes,
however, that the report was submitted six years late.
2. Positive
aspects
172. The
Committee takes note of the following positive aspects:
(a) The
formal abolition of the death penalty;
(b) Legislation
concerning the entry and residence of foreigners, which prohibits
the expulsion or return of a foreigner if he is in danger of being
subjected to acts of torture or cruel, inhuman or degrading treatment
in another country;
(c) The
proposed amendments of criminal legislation relating to: (i) the
characterization of torture as a specific offence; (ii) amendment
of the law on extradition in order to bring it into line with article
3 of the Convention; (iii) establishment of universal competence
concerning acts of torture; and (iv) improvement of guarantees for
persons held in custody.
3. Factors
and difficulties impeding the application of the provisions of the
Convention
173. The
Committee has noted no factor or difficulty impeding the effective
implementation of the Convention for the State of Luxembourg.
4. Subjects
of concern
174. The
Committee is concerned about the following:
(a) The
excessive length and frequent use of strict solitary confinement
of detainees and the fact that this disciplinary measure may not
be the subject of appeal;
(b) The
situation of young offenders held in Luxembourg prisons;
(c) The
disciplinary regime imposed on minors held in the socioeducational
centres;
(d) The
fact that the report did not cover all articles of the Convention,
particularly articles 11, 14, 15 and 16.
5. Recommendations
175. The
Committee recommends that the State party should:
(a) Adopt
the legislation defining torture in accordance with article 1 of
the Convention, and consider all acts of torture as a specific offence;
(b) Introduce
into law the possibility of an effective appeal against the most
severe disciplinary measures imposed on detainees and reduce the
severity of these measures;
(c) End,
as soon as possible, the practice of placing young offenders, including
minors, in the prison for adults;
(d) Ensure
that the obligations arising from articles 11, 12, 14 and 15 of
the Convention are duly respected;
(e) Submit
its third and fourth periodic reports, due on 28 October 1996 and
28 October 2000 respectively, by 28 October 2000 at the latest.
