LUXEMBOURG
CONFIDENTIAL
Report by HM Embassy, Luxembourg
Right No.
(i)
A prisoner must be brought before a juge d'instruction (examining magistrate) within 24 hours of be- ing detained. If he is remanded in custody the juge d'instruction must report each month to the Procureur (public prosecutor) on progress in preparing the case. The prisoner can always appeal against the order remanding him in custody. Delays of a few weeks but seldom, if ever, more than two months can occur in bringing pri- soners remanded in custody to trial.
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(ii)
Torture is non-existent.
(iii)
Slavery is non-existent.
(iv)
(v)
(vi)
(vii)
Freedom of speech and the absence of press censorship are guaranteed by the Constitution.
Judges are appointed by the Govern- ment but can be removed only by their fellow judges. There is no procedure for testing the constitut- ionality of a law before the Courts but judges can and do give rulings on the legality of Ministerial "arrêts" (decrees). The judiciary recognise no right on the part of the Government to advise on the sev- erity of penalties.
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There is complete freedom to join or not to join Trade Unions (though there is a de facto closed shop for certain categories of job). The Unions are entirely independent of Government control though subject to labour legis- lation which permits strikes only after established conciliation procedures are exhausted.
Freedom to emigrate is complete save in the case of prisoners released on bail on condition that they remain within the Grand-Duchy.
CONFIDENTIAL
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