HUMAN RIGHTS COMMITTEE ADOPTS SECOND READING OF DRAFT GENERAL COMMENT ON THE RIGHT TO LIBERTY AND SECURITY OF PERSON

The Human Rights Committee today completed the adoption in the second reading of the Draft General Comment Number 35 on Article 9 of the International Covenant on Civil and Political Rights on the right of everyone to liberty and security of person. Earlier it discussed a progress report by the Special Rapporteur on Follow-up to Concluding Observations and a progress report by the Special Rapporteur on Follow-up to Views.

The Committee thus concluded this afternoon the second reading of the draft general comment on Article 9, started in previous sessions and also discussed this session on 13, 16 and 17 October. Today it adopted the final paragraphs of the text, which specifically addressed the relationship between Article 9 and other articles of the Covenant, in particular article 4 of the Convention, and paragraph 15, which had hitherto been in abeyance.

The text of the General Comment No. 35 will be available on the webpage of the Committee.

The next public meeting of the Committee will take place at 10 a.m. on Monday, 27 October when it will discuss its working methods.

Progress report by the Special Rapporteur on Follow-up to Concluding Observations

The Committee’s procedure for following-up to its concluding observations issued to States consists of identifying a limited number of its recommendations which required additional information from a State party, within one year from the consideration of the Committee’s review of a State party’s country report. At every session the Committee Member acting as Special Rapporteur on follow-up to concluding observations presents an updated progress report to Committee Members.

Fabian Omar Salvioli, Committee Member and Special Rapporteur on follow-up to concluding observations, presented the draft report (CCPR/C/112/R.1) and briefed the Committee on the follow-up procedure with eleven countries, namely Hungary, Togo, Bulgaria, Turkmenistan, Guatemala, Portugal, Turkey, Paraguay, Hong Kong China, Macao China, and Angola.

The Committee agreed to suspend the follow up procedure on Hungary and Togo and to request the additional information be included in their upcoming periodic reports, and then adopted the draft report on follow up to concluding observations.

With regard to Hungary the Committee expressed a concern about the provisions of the Protection of Personal Data law and the manner in which personal data was gathered, in particular for Roma population. The Committee noted the ongoing amendments with regard to conditions of detention of asylum seekers to bring them in line with the Article 10 of the International Covenant on Civil and Political Rights.

In Togo, issues of concern included mechanisms for the prosecution for human rights violations surrounding the 2005 presidential elections, reparations to victims, the codification of torture and the establishment of the mechanism to punish torture. Mr. Salvioli took note of the amendments to the criminal code and the implementation of the recommendations by the National Human Rights Commission, and stressed that more information were needed on prosecution of cases of torture.

In the absence of appropriate follow up information by Bulgaria on torture and cruel and degrading treatment particularly for Roma population, the Committee asked further questions about police brutality, use of force and the independence of the judiciary.

The Committee welcomed the criminalization of torture in Turkmenistan and decided to repeat its recommendation pertaining to an independent mechanism to conduct investigations of allegations of torture. Mr. Salvioli noted the new Media Act and asked for additional information on its implementation and the respect of freedom of expression of independent media.

The law establishing the mechanism for justice, truth and reparation for victims of forced disappearances committed during armed conflict in Guatemala had not yet been enacted said Mr. Salvioli and said that, in the light of increasing attacks against human rights defenders, the Committee would ask about measures to protect them from violence.

The Committee took positive note of actions taken by Portugal to reduce number of persons in pre-trial detention and reduce overcrowding in prison and of the progress made in addressing domestic violence, including legal amendments extending the concept of domestic violence and the National Action Plan against domestic violence and the establishment of a complaint mechanism.

In the absence of appropriate responses by Turkey, the Committee decided to request additional information on discrimination against lesbian, gay, bisexual and transgender persons and on the practice of “honour killings”.

In Paraguay, the Committee’s concerns included prosecutions and compensations for human rights violations documented by the Truth and Justice Commission, including enforced disappearances.

The Committee had asked Hong Kong, China about the right to vote and stand for elections without restrictions of any kind. Further information was needed about the situation of domestic migrant workers, and in particular the accountability of employers for abuse.

With regard to Macao, China, Mr. Salvioli said that the Committee decided to repeat its recommendation to withdraw the reservation on article 25(b) concerning universal and equal suffrage.

In Angola, the Committee welcomed the adoption of the Presidential Decree on free birth registration and free identification cards for all children and adults and required additional information on measures taken to combat gender-based violence, including awareness raising on domestic violence.

Progress report by the Special Rapporteur on Follow-up to Views

Yuji Iwasawa, Committee Member and Special Rapporteur on Follow-Up to Views, presented a follow-up progress report on individual Communications (CCPR/C/112/R.3), which covered submissions received and processed between March and July 2014. Individual communications contained in the report pertained to Azerbaijan, Bosnia and Herzegovina, Cameroon, Canada, the Democratic Republic of the Congo, France, Greece, Kyrgyzstan, Libya, Mauritius, Nepal, Peru, Russia, South Africa, Sweden, Ukraine, Uruguay, Uzbekistan, and Zambia.

At the end of the meeting, the Committee concluded the discussion it started this morning on Follow-Up to Views and adopted the follow-up progress report on individual communications (CCPR/C/112/R.3).

Draft General Comment on Article 9 of the Covenant on the right of everyone to liberty and security of person

In the afternoon the Human Rights Committee continued its reading of General Comment Number 35 on Article 9 of the International Covenant on Civil and Political Rights on the right of everyone to liberty and security of person, introduced by the Committee Member acting as Rapporteur for Draft General Comment 35, Gerald Neuman, in document CCPR/C/GC/R.35/Rev.4.

Draft general comment number 35 addressed the issues of arbitrary and unlawful detention, the requirement of notice for reasons of arrest and criminal charge, judicial control of detention in the context of criminal charge, the right to proceedings for release from unlawful or arbitrary detention, the right to compensation for unlawful or arbitrary detention, and the relationship of Article 9 with other Articles of the Covenant.

During previous readings of the draft general comment number 35, the Committee considered and adopted the first 62 paragraphs, with the exception of paragraph 15. Today, the Committee adopted paragraphs 63, 64, 65, 66 and 67 which pertained to applicability of article 9 to situations of armed conflict, derogation by States from normal procedures required under article 9, and reservations to clauses of article 9. In the light of discussions held so far, the Committee also decided to formally adopt paragraph 15.


For use of the information media; not an official record

CT14/039E