171. The Committee welcomes the second periodic report of Luxembourg and the oral report given by the State party’s representatives. It notes, however, that the report was submitted six years late.
2. Positive aspects
172. The Committee takes note of the following positive aspects:
(a) The formal abolition of the death penalty;
(b) Legislation concerning the entry and residence of foreigners, which prohibits the expulsion or return of a foreigner if he is in danger of being subjected to acts of torture or cruel, inhuman or degrading treatment in another country;
(c) The proposed amendments of criminal legislation relating to: (i) the characterization of torture as a specific offence; (ii) amendment of the law on extradition in order to bring it into line with article 3 of the Convention; (iii) establishment of universal competence concerning acts of torture; and (iv) improvement of guarantees for persons held in custody.
3. Factors and difficulties impeding the application of the provisions of the Convention
173. The Committee has noted no factor or difficulty impeding the effective implementation of the Convention for the State of Luxembourg.
4. Subjects of concern
174. The Committee is concerned about the following:
(a) The excessive length and frequent use of strict solitary confinement of detainees and the fact that this disciplinary measure may not be the subject of appeal;
(b) The situation of young offenders held in Luxembourg prisons;
(c) The disciplinary regime imposed on minors held in the socioeducational centres;
(d) The fact that the report did not cover all articles of the Convention, particularly articles 11, 14, 15 and 16.
175. The Committee recommends that the State party should:
(a) Adopt the legislation defining torture in accordance with article 1 of the Convention, and consider all acts of torture as a specific offence;
(b) Introduce into law the possibility of an effective appeal against the most severe disciplinary measures imposed on detainees and reduce the severity of these measures;
(c) End, as soon as possible, the practice of placing young offenders, including minors, in the prison for adults;
(d) Ensure that the obligations arising from articles 11, 12, 14 and 15 of the Convention are duly respected;
(e) Submit its third and fourth periodic reports, due on 28 October 1996 and 28 October 2000 respectively, by 28 October 2000 at the latest.