COMMITTEE AGAINST TORTURE
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
Libyan Arab Jamahiriya
176. The Committee considered the third periodic report of the Libyan
Arab Jamahiriya (CAT/C/44/Add.3) at its 378th, 381st and 385th meetings,
held on 5, 6 and 10 May 1999 (CAT/C/SR.378, 381 and 385), and has adopted
the following conclusions and recommendations.
Committee welcomes the timely submission of the report prepared in
accordance with the guidelines of the Committee. Likewise, the Committee
welcomes the oral report of the representatives of the State party
and the dialogue with them.
Committee wishes to reiterate its satisfaction, expressed in its conclusions
when dealing with the State party's second periodic report, that the
legal provisions of the State party generally conform with the requirements
of the Convention.
has been made in the efforts to improve education and information
regarding prohibition against torture in the training of law enforcement
personnel as well as medical personnel.
Committee notes with satisfaction that application of corporal punishment
has not been used in recent years.
and difficulties impeding the application of the provisions of the
effect of the embargo on the State party, in force since 1992, which
has not been lifted completely, causes severe difficulties in its
economic and social life. However, such difficulties may not be invoked
as justification of breaches of the provisions of the Convention,
especially articles 1, 2 and 16.
182. It is
a matter of concern for the Committee that neither the report nor
the information given orally by the representatives of the Libyan
Arab Jamahiriya provided the Committee with comments and answers that
addressed substantially the subjects of concern indicated and the
recommendations made by the Committee when dealing with the second
periodic report of the State party in 1994. Consequently, the Committee
reiterates, inter alia, the following subjects of concern:
incommunicado detention, in spite of the legal provisions regulating
it, still seems to create conditions that may lead to violation of
fact that allegations of torture in the State party continue to be
received by the Committee.
183. It is
a matter of concern for the Committee that, in practice, the State
party had, in one incident, extradited persons to a country where
there are substantial grounds for believing that they are in danger
of being subjected to torture. The Committee did not agree with the
State party that it was legally obliged to do so.
184. It is
also a matter of concern that the wording of article 206 of the Penal
Code could be an obstacle to the creation of independent human rights
Committee encourages the Libyan Government to consider making the
declarations provided for under articles 21 and 22 of the Convention.
186. It also
recommends that the law and the practices of the State party be brought
in line with article 3 of the Convention.
Committee further recommends that the Libyan authorities guarantee
the free access of a person deprived of his liberty to a lawyer and
to a doctor of his choice and to his relatives at all stages of detention.
State party should send a clear message to all its lawenforcement
personnel that torture is not permitted under any circumstances. In
addition, those who committed the offence of torture should be subjected
to a prompt and impartial investigation and rigorously prosecuted
in accordance with the law.
corporal punishment has not been practised in recent years, it should
be abolished by law.