Human Rights Committee Adopts Report on Follow-up to Views Concerning Czech Republic, Estonia, Italy, Mexico, New Zealand, Russian Federation and Türkiye
The Human Rights Committee today adopted a report on follow-up to Views concerning the Czech Republic, Estonia, Italy, Mexico, New Zealand, the Russian Federation and Türkiye.
Jose Manuel Santos Pais, Committee Co-Rapporteur on follow-up to Views, said that the communication regarding the Czech Republic concerned discrimination based on citizenship with respect to restitution of property. The Committee’s Views had called for an effective remedy, including by providing adequate compensation, and to ensure that State laws and policies concerning the restitution of property were applied without discrimination of any kind. The Committee found that the State party had failed to provide adequate compensation or return property, and to make efforts to prevent repetition. It decided to continue a follow-up dialogue with the State party on the issue.
The communication regarding Estonia concerned the refusal of the State party to allow a defendant to be represented by counsel of his choice throughout criminal proceedings, and to allow adequate time or facilities for the preparation of the defendant’s defence. The Committee’s Views had called for an effective remedy , including by providing the author with adequate compensation and preventing similar violations in the future. The Committee found that although the State party had responded to the Committee’s Views, it had not provided sufficient evidence that it had provided an effective remedy to the case. It decided to continue a follow-up dialogue with the State party on the issue.
Regarding Italy, the communication concerned rescue operations at sea. The Committee’s Views had called on the State party to conduct independent and effective investigation and, if found necessary, to prosecute and try those responsible for the death and disappearance of the authors’ relatives; and to take all steps necessary to prevent similar violations from occurring in the future. The State party had provided information on ongoing criminal proceedings, but had asked the Committee to revoke its Views on the case. The Committee would request a meeting on the issue with a representative of the State party during one of its future sessions.
The communication regarding Mexico concerned enforced disappearance. The Committee’s Views had called on the State party to conduct a prompt, independent, and transparent investigation into the disappearance; ensure the release of the victim if he was still alive; hand over his remains to his family if deceased; prosecute and punish the persons found responsible for the violations committed, and make the results of those proceedings public; grant the author, and the victim if still alive, full reparation; and take steps to prevent similar violations from occurring in the future. The Committee found that the State party had made some positive responses to the Committee’s recommendations, but had not provided sufficient evidence of progress in conducting investigations and providing an effective remedy. It decided to continue a follow-up dialogue with the State party on the issue.
Regarding New Zealand, the communication concerned compensation for wrongful arrest and detention. The Committee’s Views had called on the State party to provide the author with adequate compensation; and to ensure that individuals who had been unlawfully arrested or detained could apply to receive adequate compensation. The Committee found that the State party had failed to provide adequate compensation or take steps to prevent repetition. It would request a meeting on the issue with a representative of the State party during one of its future sessions.
The communication regarding the Russian Federation concerned unlawful detention, torture and mistreatment of the authors. The Committee’s Views had called on the State party to conduct a thorough, prompt and impartial investigation into the authors’ allegations of torture and, if confirmed, prosecute those responsible; provide full redress to the authors; and take all steps necessary to prevent similar violations from occurring in the future. The Committee found that the State party had not conducted an effective investigation, prosecuted the perpetrators or provided just compensation to the authors. It decided to continue a follow-up dialogue with the State party on the issue.
The communication regarding Türkiye concerned arbitrary arrest, detention and access to justice. The Committee’s Views had called on the State party to release the authors; provide them with adequate compensation for the violations suffered; and take all necessary steps to prevent the occurrence of similar violations in the future. The Committee found that the State party had not made efforts to release the authors, provide them with adequate compensation, or prevent repetition. It decided to continue a follow-up dialogue with the State party on the issue.
The draft report was adopted by the Committee as amended during the discussion. The final report will be released on the Committee’s website .
The Human Rights Committee’s one hundred and thirty-sixth session is being held from 10 October to 4 November. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet at 4 p.m. on Friday, 4 November to adopt its concluding observations on the reports of Ethiopia, Japan, Kyrgyzstan, Nicaragua, the Philippines and the Russian Federation, and close its one hundred and thirty-sixth session.
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CCPR22.031E