CAT/C/CR/28/2
page 2
4.

The Committee notes the following positive developments:

(a)
That all matters of concern as well as previous recommendations of the
Committee have been positively addressed in detail;
(b)
That by the Act of 24 April 2000 torture has been incorporated into the Penal
Code as a specific crime and an aggravating circumstance of a crime or offence against the
person. Furthermore, the definition of torture is broadly based on the definition contained in
article 1 of the Convention, and relates both to physical and psychological torture;
(c)
The establishment of the Advisory Commission on Human Rights
on 26 May 2000;
(d)
The Act of 31 May 1999 establishing the Grand Ducal police force and the
General Police Inspection Department, whose main objective is the merger of the Police and the
Gendarmerie. The Act also criminalizes, inter alia, trafficking in persons;
(e)
The Act of 14 May 2000 by which Luxembourg ratified the Rome Statute of the
International Criminal Court.
C. Subjects of concern
5.

The Committee expresses concern about the following:
(a)

That minors ordered to be placed in disciplinary centres are put in adult prisons;

(b)
The institution of solitary confinement, particularly as a preventive measure
during pre-trial detention.
D. Recommendations
6.

The Committee recommends that:

(a)
purposes;

The State party refrain from placing minors in adult prisons for disciplinary

(b)
Solitary confinement be strictly and specifically regulated by law and that judicial
supervision be strengthened, so that this punishment is applied only in severe circumstances,
with a view to its abolition, particularly during pre-trial detention;
(c)
The State party consider making provision for appropriate compensation
specifically for victims of torture;
(d)
The Committee’s conclusions and recommendations be widely disseminated in
the State party in all appropriate languages.
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