Human Rights Committee Adopts Report on Views Concerning Individual Communications on Colombia, Ecuador, Finland, Greece, New Zealand, Sweden, Türkiye, Turkmenistan and Ukraine
The Human Rights Committee today adopted a follow-up progress report on individual communications, presented by the Special Rapporteur for follow-up on Views, which concerned communications on Colombia, Ecuador, Finland, Greece, New Zealand, Sweden, Türkiye, Turkmenistan and Ukraine.
José Manuel Santos Pais, Special Rapporteur for follow-up on Views, said one individual communication on Colombia concerned a case of enforced disappearance by parliamentary groups. The State party was urged to conduct an independent, thorough and effective investigation of the disappearances of Mr. Anzola and Mr. Molina and prosecute and punish those responsible; release these people if they were still alive; if they were dead, hand-over their remains to their family; and ensure effective reparation, including adequate compensation, and medical and psychological rehabilitation for the authors for the violations suffered. The State party was also under an obligation to prevent similar violations from occurring in the future and to ensure that any forced disappearances gave rise to prompt, impartial and effective investigations. The State party had established a search and investigative unit, but one Committee member noted that many measures had not been implemented and there seemed to be no urgency. The Committee recommended ongoing follow-up dialogue.
A second communication on Colombia involved the killing of a trade unionist. The Committee recommended that the State party promptly conduct a thorough, effective, impartial, independent and transparent investigation into the circumstances surrounding the murder, to establish the truth; provide the family members who were the authors with detailed information about the results of the investigation; and provide adequate compensation to the family members, including sufficient compensation to cover the reasonable legal expenses they have incurred. The State party had reported that it would proceed with the compensation procedure and had published the Committee’s Views publicly. However, it was reported that the State party had not conducted the criminal investigation in a way conducive to the identification of the perpetrators or to shed light on the reasons behind the murder. The Committee therefore recommended follow-up dialogue.
Regarding Ecuador, the communication concerned criminal conviction and the seizure of assets. The Committee recommended making full reparation to the persons whose rights had been violated and ensuring that due process was followed in the relevant suits at law. The State party had outlined that the Committee had not recommended restitution but called for ensuring effective remedy. It was acknowledged that partial reparation had been granted by the courts, with an appeal still pending. There were several conflicting interests in regards to this case. The Committee decided to close the case with partial satisfaction of the Committee’s Views, because the Views issued did not address directly the return of assets to the author, but gave them the possibility to contest the decisions, which had occurred.
On Finland, the communication related to the right to vote for elections at the Sami Parliament. The Committee had requested effective remedy, including to make full reparation to individuals whose rights had been violated. The State party was obligated to review the Act on the Sami Parliament with a view to ensuring that the criteria for eligibility to vote in Sami Parliament elections was defined and applied in a manner that respected the right of the Sami people to exercise their internal self-determination. A detailed proposal sent to the State party had requested several measures, but the authors had not received any written responses to their proposals. The Committee recommended ongoing follow-up dialogue.
The communication for Greece concerned conscientious objection to compulsory military service. Remedies proposed by the Committee included expunging the author’s criminal record, reimbursing all sums paid as fines, providing him with adequate compensation, taking all steps necessary to prevent similar violations in the future, and reviewing the legislation with a view to ensuring the effective guarantee of the right to conscientious objection. The Committee noted there were some positive steps taken, however, some human rights violations remained unaddressed. Contentious objectors still faced discrimination, and in some cases punishment, including fines and imprisonment. The State was requested to continue follow-up dialogue and was encouraged to look further into the matter.
On New Zealand, the communication concerned compensation for wrongful arrest and detention. The Committee recommended providing the author with adequate compensation and taking all steps to prevent similar violations from occurring in the future, including by reviewing its domestic legislation, to ensure that individuals who had been unlawfully arrested or detained as a result of judicial acts could apply to receive adequate compensations. The State party had requested a consultation process with civil society, but there was no timeline provided and no deadline for the subsequent report to be submitted to the Committee. The absence of legislative action demonstrated a lack of willingness on behalf of the State party to fulfil its obligations. In this regard, the Committee recommended follow-up dialogue and would request a meeting with a representative of the State party during a future session.
Regarding Sweden, the communication concerned deportation to Albania. The Committee had recommended that Sweden review the authors’ claims, taking into account the State party’s obligations under the Covenant and the Committee’s present Views, and refrain from expelling the authors to Albania while their requests for asylum were under reconsideration. The State party heeded to the Committee’s recommendations and therefore the Committee decided to close the follow-up dialogue with a note of satisfactory implementation of the Committee’s Views.
In the individual communication on Türkiye, which concerned conscientious objection to military service by Jehovah’s Witnesses, the Committee recommended expunging their criminal records, providing them with adequate compensation, and avoiding similar violations of the Covenant in the future. The State party submitted that it had made amendments regarding crimes related to compulsory military services, and had also abolished the military courts, which the Committee described as a welcome development. However, the author reported that their criminal records had not been expunged, they had not been provided with compensation, and they were still subject to military conscription. Given this, the Committee recommended follow-up dialogue.
On Turkmenistan, the communication included conscientious objection to compulsory military service. The Committee’s recommendations included expunging the author’s criminal record, providing them with adequate compensation, including by reimbursing any legal costs, and taking steps to prevent similar violations from occurring in the future, including by reviewing the legislation of the State party, for instance by providing for the possibility of alternative service of a civilian nature. The author’s counsel had stated that neither he nor the author were aware of any steps taken by the State party to implement the Committee’s Views. One Expert noted there was no convincing evidence that the State party had contemplated compensation of any kind to the author. The Committee decided to close the follow-up dialogue with a note of unsatisfactory implementation of the Committee’s recommendation.
On Ukraine, the communication concerned the impossibility of having life sentence reviewed. The Committee recommended providing the author with a meaningful review of his sentence of life imprisonment on the basis of a clear and predictable procedure, providing him with adequate compensation, and taking all steps necessary to prevent similar violations in the future. Due to the escalating conflict in Ukraine, the author requested that his life imprisonment be replaced with a fixed term imprisonment, which did not exceed 15 years of imprisonment, however, this was rejected by the Supreme Court. In this regard, the Committee recommended follow-up dialogue, but noted positively, that the State party had prepared legislation allowing for any convicted person to have their life sentence considered by the court.
In closing remarks, Mr. Santos Pais said it was his last report as Rapporteur on follow-up to Views. The report on follow-up to Views was essential in monitoring the Committee’s Views and ensuring victims had access to effective remedies. It also ensured accountability for States under the Optional Protocol. He thanked all those who had contributed to the report which was very much a team effort.
The Human Rights Committee’s one hundred and forty-second session is being held from 14 October to 7 November 2024. 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 in public at 3 p.m. on Thursday, 7 November to close its one hundred and forty-second session.
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