COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
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.
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.
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
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.
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.