CAT/C/CR/28/6
page 3
C. Subjects of concern
5.
While the specific arrangements for giving effect to the Convention in the domestic legal
system are left to the discretion of each State party, the means used must be appropriate, that is,
they should produce results which indicate that the State party has fully discharged its
obligations. Sweden has opted for the dualistic system as regards incorporation of international
treaties into domestic law, and should therefore adopt appropriate legislation for the
incorporation of the Convention against Torture. The Committee notes that Swedish domestic
law does not contain a definition of torture in keeping with article 1 of the Convention. Above
all, neither torture nor cruel, inhuman and degrading treatment are identified as specific crimes
and offences in domestic criminal law.
6.
The Committee also records its concern at the following:
(a)
The allegation that some foreigners have been expelled or sent back to a country
with which they have no significant ties, on the basis, inter alia, of linguistic criteria which are
sometimes unsystematic, unreliable, and could lead to a breach of article 3 of the Convention;
(b)
The Special Control of Foreigners Act, known as the anti-terrorism law, allows
foreigners suspected of terrorism to be expelled under a procedure which might not be in keeping
with the Convention, because there is no provision for appeal;
(c)
Several cases of the excessive use of force by police personnel and prison guards,
leading to the death of the persons concerned, have occurred in recent years in Sweden. In
addition, the year 2001 was marked by the Göteborg riots, following which many complaints of
ill-treatment were made;
(d)
Allegations of imprecise, often subjective and inadequate guidelines and lack of
training given to police personnel and prison guards regarding the use of force;
(e)
Although the periodic report claims that statements obtained under duress cannot
be used as evidence in proceedings, there seems to be no legislative rule which clearly spells out
such a prohibition.
D. Recommendations
7.
The Committee recommends that the State party should:
(a)
Incorporate in its domestic law the definition of torture set out in article 1 of the
Convention, and should characterize acts of torture and cruel, inhuman and degrading treatment
as specific crimes, punishable by appropriate sanctions;