CAT/C/NOR/CO/5
page 3
The State party should ensure that a genuine consideration of each individual case
can still be provided for under the “48-hour procedure” and keep under constant
review the situation in those countries in respect of which that procedure is applied.
7.
With regard to the State party’s participation in the International Security Assistance Force
(ISAF) operation in Afghanistan, the Committee notes the State party’s explanation that any
Afghan citizen apprehended by Norwegian ISAF personnel is handed over to the Afghan
authorities in accordance with a Memorandum of Understanding obliging the Afghan
Government to comply with relevant international standards in the treatment of any persons thus
transferred.
In accordance with the Committee’s constant view (see CAT/C/CR/33/3, paras. 4
(b), 4(d), 5 (e) and 5 (f) and CAT/C/USA/CO/2, paras. 20 and 21) that article 3 of the
Convention and its obligation of non-refoulement apply to a State party’s military
forces, wherever situated, where they exercise effective control over an individual,
the State party should continue to closely monitor the compliance by the Afghan
authorities with their relevant obligations in relation to the continued detention of
any persons handed over by Norwegian military personnel.
Pre-trial detention and treatment of persons otherwise detained or at the disposal of the
authorities
8.
The Committee, while noting the amendment of legislation to reduce the length of pretrial detention and the use of solitary confinement as a preventative measure, remains concerned
at the lack of adequate statistics validating the effectiveness of these measures.
The State party should compile detailed statistics on the application of pre-trial
detention and the use of solitary confinement so as to verify the effectiveness of
recent amendments to its relevant legislation in practice. The State party should
also compile statistics relating to the application of recent amendments to the
Immigration Act concerning the detention of foreign nationals.
9.
The Committee, while welcoming the recent adoption of a legislative act to regulate the
rights of persons staying at the Trandum Alien Holding Centre, notes that the supervisory board
which will supervise the operation of the Centre in accordance with that act has yet to be
established.
The State party should establish the supervisory board for the Trandum Holding
Centre envisaged in recent legislation forthwith so as to ensure that the rights of
persons held at the Centre are respected at all times.
10.
The Committee, while noting that measures have been taken to address recent incidents
of excessive use of force by the police, remains concerned about reports on the use of
unnecessary force in some instances, and about reports of discriminatory treatment based on
ethnicity.
The State party should ensure that all appropriate measures are taken to counter
the possible persistence of practices involving the use of unnecessary force by the
police, and the risks posed by any discriminatory treatment in this regard.