HUMAN RIGHTS COMMITTEE CONCLUDES NINETY-SEVENTH SESSION

The Human Rights Committee today concluded its ninety-seventh session, during which it considered and adopted concluding observations and recommendations on the reports submitted by Switzerland, the Republic of Moldova, Croatia, the Russian Federation and Ecuador on how those countries are implementing the provisions of the International Covenant on Civil and Political Rights.

In concluding observations on the third periodic report of Switzerland, the Committee welcomed the revision of the Constitution in order to reinforce guarantees regarding access to justice and the independence of the judiciary. Among principal concerns was a referendum initiative aiming at prohibiting the construction of minarets and the discriminatory advertising campaign accompanying it. The Committee recommended, inter alia, that Switzerland review its legislation in order to grant free legal assistance to asylum-seekers during all asylum procedures.

Regarding the second periodic report of the Republic of Moldova, the Committee welcomed the removal from the Supreme Law of the provision allowing for the application of the death penalty “for acts committed upon war or threat of war”. It noted with serious concern the incidence of torture and ill-treatment in police stations and other detention facilities and that the use of torture was widespread. The Committee recommended that comprehensive non-discrimination legislation be adopted which expressly outlawed all the grounds of discrimination set out in the Covenant.

Concerning the second periodic report of Croatia, the Committee welcomed that Covenant provisions had begun to be applied by Croatia’s courts. It continued to be concerned about the obstacles faced by returnees, in particular members of the Serb minority, who encountered difficulties regarding the repossession of their property or their tenancy rights, access to reconstruction assistance and reintegration into Croatian society. The Committee recommended that Croatia tackle overcrowding in detention centres as a matter of priority.

With respect to the sixth periodic report of the Russian Federation, the Committee welcomed the adoption in 2008 of the National Plan on Countering Corruption. It remained concerned about allegations of large-scale, indiscriminate abuses and killings of civilians in South Ossetia during the military operations in August 2008, and that, to date, the authorities had not carried out any independent and exhaustive appraisal of serious violations of human rights by members of Russian forces and armed groups there. The Committee requested detailed information on developments in all cases of criminal prosecutions relating to threats, violent assaults and murders of journalists and human rights defenders in the Russian Federation between 2003 and 2009.

Regarding the combined fifth and sixth periodic report of Ecuador, the Committee noted with satisfaction the elimination of “disrespect” (defamation) provisions from the Criminal Code. It noted with concern allegations that law enforcement agents using firearms and tear gas had been responsible for the deaths of individuals participating in public protests. The Committee recommended that Ecuador ensure effective access to justice for victims of gender violence.

The Committee also held public meetings to consider progress reports on follow-up to concluding observations and to Views (Committee decisions on individual communications); to begin a first reading of a draft General Comment on freedom of opinion and expression; and to discuss draft revised reporting guidelines, including a proposal for a new optional, streamlined reporting procedure for States parties.

At the last meeting, Yuji Iwasawa, the Committee Chairperson, announced the results of the Committee's work at this session. The Committee had adopted 22 decisions on individual communications, or complaints by individuals that their rights under the Covenant had been violated. The Committee had considered 13 cases on admissibility issues, ruling six cases admissible and seven inadmissible. The Committee had also considered eight cases on the merits, adopting six Views in which they had found violations, and two in which they had found no violations. One case had been discontinued.

Announcing appointments of Committee members as focal points for various subjects, the Chairperson said it had been decided that the focal point on Special Procedure mandate holders would be Mr. Lallah; the non-governmental organization focal point would be Ms. Majodina; and the liaison for the Special Adviser to the Secretary-General on the prevention of genocide would be Mr. Sanchez-Cerro.

It was also decided to hold a commemorative meeting at the Committee's one-hundredth session, which would take place in March 2011 in New York, to reflect on the accomplishments of the Committee and to discuss the way ahead. Several suggestions were discussed with regard to speakers, the programme and participants in the event. It was decided to appoint a planning committee at the upcoming session to organize the event.

During its next session, to be held from 8 to 26 March 2010 in New York, the Committee is scheduled to consider reports from Argentina, New Zealand, Uzbekistan and Mexico. The Committee also planned to consider the situation in one country in the absence of a report, and would announce the name of that country at a later date.

Concluding Observations On Country Reports

Switzerland

After a review of the third periodic report of Switzerland, the Committee noted the sustained attention paid by the State party to the protection of human rights. It welcomed the adoption in 2007 of the Federal Criminal Code of Procedure and the Swiss Code of Juvenile Criminal Procedure, due to enter into force in 2011; the revision of the Federal Law on Compensation for Victims of Offences; the revision of the Constitution in order to reinforce guarantees regarding access to justice and the independence of the judiciary; the adoption in 2002 of the Federal Law on the Elimination of Discrimination against Persons with Disabilities; the Act on the use of force and police measures of 20 March 2008; and the withdrawal of reservations to articles 10, 14, and 5 of the Covenant.

Among the Committee's principal concerns with regard to Switzerland was a referendum initiative aiming at prohibiting the construction of minarets and the discriminatory advertising campaign accompanying it. Also of concern was the sharp rise in apparent anti-Semitic incidents occurring in Switzerland, including stone throwing and verbal threats that had disrupted a meeting at the Kempinsky Hotel in Geneva in March 2009 and the arson fire that had destroyed the largest synagogue of Geneva in 2007. The Committee was further concerned about reports that the police in Geneva had not fully investigated the pattern of those incidents. Among others, the Committee reiterated its recommendation that Switzerland reinforce the mandate of the Federal Commission against Racism to investigate all cases of racial discrimination and incitement to national, racial or religious hatred or create an independent mechanism with competence to initiate legal action in such cases. Furthermore, Switzerland should strengthen its efforts to promote tolerance and cultural dialogue among the population.

With regard to gender issues, the Committee was concerned about the continuing incidence of violence against women, including domestic violence. The Committee was particularly concerned that the requirements of the new Federal Law on Foreign Nationals created problems for foreign women married for less than three years to a Swiss national or to a foreigner with residency permit in acquiring or renewing their residency permit. Those requirements might prevent victims of domestic violence from leaving abusive relationships and from seeking assistance. Switzerland should intensify its efforts to address the issue of violence against women, including by enacting comprehensive legislation against domestic violence and sanctioning all forms of violence against women, as well as ensuring that victims had access to immediate means of redress and protection. The Committee was also concerned about reports of police brutality against persons during arrest or detention, in particular against asylum-seekers and migrants, and that in most cantons there were no independent mechanisms to investigate complaints lodged against the police. Further concerns included reports of expulsions of foreigners regardless of the stated inability of the persons’ countries of origin to grant them protection against non-State actors, and reports that asylum-seekers whose applications were rejected had inadequate living conditions and could no longer benefit from health insurance. The Committee recommended that Switzerland review its legislation in order to grant free legal assistance to asylum-seekers during all asylum procedures, and that it provide persons whose asylum application had been rejected with an adequate standard of living and health care.


Republic of Moldova

Among positive aspects in the second periodic report of the Republic of Moldova, the Committee welcomed the removal from the Supreme Law of the provision allowing for the application of the death penalty “for acts committed upon war or threat of war”; the amendment, in 2005, of the Criminal Code to include a provision criminalizing torture; the Law on Equal Chances for Women and Men adopted in February 2006; the National Plan for the Promotion of Gender Equality in Society, 2006 to 2009; and the ratification of the Second Optional Protocol to the Covenant.

The Committee expressed its concern at the lack of significant progress in the implementation of many of the Committee’s previous recommendations, particularly those relating to conditions in detention facilities; trafficking in human beings; the duration of pre-trial detention; the independence of the judiciary; the exercise of the right to religious freedom; the participation of women in senior decision-making positions in the public and private sectors; reliance on abortion as a method of contraception; and the discrimination faced by minorities such as the Roma. The Committee further expressed concern at credible reports of grave human rights violations committed against protesters following post-election demonstrations in April 2009, and particularly reports of arbitrary arrests, violent crowd control tactics, including beatings, and the torture and ill-treatment of persons detained. The Republic of Moldova should, among others, thoroughly investigate allegations of abuse by law enforcement officials during the April 2009 demonstrations through an independent and impartial body, whose findings should be made public.

The Committee noted with serious concern the incidence of torture and ill-treatment in police stations and other detention facilities in the Republic of Moldova and that the use of torture was widespread. It was further concerned that complaints of torture were often not properly recorded or investigated and that there was a tendency to reject complaints as being “manifestly unfounded”. The Republic of Moldova should take urgent measures to put an end to torture in police custody and other places of detention, including through the provision of appropriate training to police and prison officials. Other recommendations included that serious efforts be made to disseminate knowledge of the provisions of the Covenant among judges to enable them to apply the Covenant in relevant cases and among lawyers and the public to enable them to invoke its provisions before the courts; that comprehensive non-discrimination legislation be adopted which expressly outlawed all the grounds of discrimination set out in the Covenant; and that the Centre for Human Rights be ensured provision of adequate human and financial resources to exercise its mandate effectively.

Croatia

Having considered the second periodic report of Croatia, the Committee welcomed, inter alia, that Covenant provisions had the rank of constitutional law, and that they had begun to be applied by Croatia’s courts; the adoption of the Anti-Discrimination Act in 2008; the adoption of the Gender Equality Act in 2008; the establishment of national machinery for the advancement of women, including the county committees for gender equality; and steps taken to combat and prevent trafficking, including the National Action Plan for Suppression of Trafficking of Human Beings, 2009-2011.

The Committee remained concerned, however, that some provisions of the Constitution limited certain rights to “citizens”, including equality before the courts, and about the existence of de facto discrimination and intolerance faced by members of ethnic minority groups, including reports of physical and verbal attacks and slow investigative and prosecutorial action. It also continued to be concerned about the obstacles faced by returnees, in particular members of the Serb minority, who encountered difficulties regarding the repossession of their property or their tenancy rights, access to reconstruction assistance and reintegration into Croatian society. Among others, the Committee recommended that Croatia expedite the provision of adequate housing to former tenancy rights holders as well as property owners who wished to return and should ensure that the remaining requests and appeals regarding funds for reconstruction due to war time and post-war damage were processed promptly and in a non-discriminatory manner. Moreover, given reports that many potential cases of war crimes remained unresolved, and that the selection of cases has been disproportionaly directed at ethnic Serbs, Croatia should also promptly identify the total number and range of war crimes committed, irrespective of the ethnicity of the persons involved, and take effective measures in order to ensure that all cases of war crimes were prosecuted in a non-discriminatory manner.

Among gender concerns were the high unemployment rate among women; the under-representation of women in legislative and executive bodies; persisting stereotypes regarding the role of women in society; and incidents of domestic violence and impunity for them. The Committee recommended that Croatia reinforce its measures to ensure equality between women and men in all spheres, including by increased funding for the institutions established to promote and protect gender equality as well as positive and coordinated measures to further increase the participation of women in public and political life and the private sector. Further concerns of the Committee included overcrowding and inadequate access to medical care in detention facilities; a continuing substantial backlog of court cases and delays in court proceedings; reports that some minority groups, such as the Roma and Serbs, continued to face difficulties in obtaining citizenship; reports that acts of intimidation of, and attacks on journalists had not been properly investigated; and the low representation of minorities at the levels of local and regional government. The Committee recommended, among others, that Croatia tackle overcrowding in detention centres as a matter of priority, including through increasing resort to alternative forms of punishment and reduced use of pre-trial detention; and that it strengthen measures to prevent intimidation of journalists, and that it publicly condemn such instances of intimidation and attacks.

Russian Federation

Following its examination of the sixth periodic report of the Russian Federation, the Committee welcomed judicial reform measures, including the establishment of the National Working Group on Judicial Reform and the adoption in 2009 of the Law “On the securing of access to information on the activities of the courts of the Russian Federation”; the adoption in 2008 of the National Plan on Countering Corruption and the enactment of the Federal Law on Counteraction of Corruption; the establishment of the Office of the Ombudsman for Children, in September 2009; and the ratification, in 2008, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

The Committee nevertheless was concerned about several aspects of the 2006 Federal Law “on Counteracting Terrorism”, which imposed a wide range of restrictions on Covenant rights; had broad definitions of terrorism and terrorist activity; and lacked procedural safeguards or judicial or parliamentary oversight. In that connection, the Committee was concerned about the large number of convictions for terrorism-related charges, which might have been handed down by courts in Chechnya on the basis of confessions obtained through unlawful detention and torture. It also remained concerned about allegations of large-scale, indiscriminate abuses and killings of civilians in South Ossetia during the military operations by Russian forces in August 2008, and that, to date, the Russian authorities had not carried out any independent and exhaustive appraisal of serious violations of human rights by members of Russian forces and armed groups there. Similarly, the Committee was concerned about ongoing reports of torture, extrajudicial killing and secret detention in Chechnya and other parts of the North Caucasus by military and other State agents, that the number of disappearances and abduction cases in Chechnya had increased in the period 2008-2009, and regarding allegations of mass graves in Chechnya and reports of collective punishment for relatives of terrorist suspects, such as the burning of family homes. Among recommendations, the Russian Federation was urged to take stringent measures to put an end to enforced disappearances, extrajudicial killings, other forms of ill-treatment and abuse committed or instigated by law enforcement officials in Chechnya and other parts of the North Caucasus; and to provide information on investigations launched, convictions and penalties. It should consider amending the Criminal Code in order to criminalize torture as such; and take all necessary measures for a fully functioning independent human rights monitoring body to review all places of detention and cases of alleged abuses of persons while in custody, ensuring regular, independent, unannounced and unrestricted visits to all places of detention.

The Committee was also concerned at the alarming incidence of threats, violent assaults and murders of journalists and human rights defenders in the Russian Federation, which had created a climate of fear and a chilling effect on the media, and regretted the lack of effective measures taken to protect the right to life and security of those persons. The Committee requested detailed information on developments in all cases of criminal prosecutions relating to threats, violent assaults and murders of journalists and human rights defenders in the Russian Federation covering the period between 2003 and 2009. Other remaining concerns of the Committee were the continued prevalence of domestic violence in and the lack of shelters available to women; an increasing number of hate crimes and racially motivated attacks against ethnic and religious minorities, as well as reports of racial profiling and harassment by law enforcement personnel; the significant number of persons with mental disabilities who were deprived of their legal capacity and the apparent lack of adequate procedural and substantive safeguards against disproportionate restrictions in their enjoyment of rights; overcrowding in prisons; and that media professionals continued to be subjected to politically motivated trials and convictions.

Ecuador

Regarding the combined fifth and sixth periodic report of Ecuador, the Committee noted with satisfaction certain legislative reforms, including the entry into force of the new Constitution in October 2008 and the elimination of “disrespect” (defamation) provisions from the Criminal Code. Also noted was the inclusion in the Constitution of a Public Criminal Defender, as a mechanism to protect the rights of persons who could not afford to pay for their legal counsel. The Committee further welcomed the decision to declare unconstitutional articles 145 and 147 of the National Security Law, which had permitted the prosecution of civilians by military tribunals for acts committed during states of emergency.

The Committee was concerned about the de facto and de jure disparity in legal protections for women. In particular, it was concerned about the numerous cases of violence against women and girls, as well the high incidence of sexual abuse and harassment of girls in schools. Among others, Ecuador had to provide police protection and shelters for victims, as well as to redouble its efforts to create an educational environment free of discrimination and violence, including through awareness and sensitisation campaigns aimed at students and teachers. The Committee was further concerned that transsexual women had been interned in private clinics or rehabilitation centres for so-called sexual reorientation treatments, and in particular that such persons had been subject to forced detentions and ill-treatment in Portoviejo in June 2009. More widely, the Committee was concerned by continuing cases of ill-treatment of detainees by law enforcement agents while in pre-trial police custody and that the perpetrators of such treatment were seldom sanctioned.

The Committee regretted that it had not received clear and precise information from Ecuador regarding the activities of the Truth Commission, which was mandated to investigate, clarify and prevent impunity for human rights violations committed by State agents between 1984 and 1988. The Committee noted with concern allegations that law enforcement agents using firearms and tear gas had been responsible for the deaths of individuals participating in public protests. Of further concern was the high incidence of overcrowding and the bad conditions in social rehabilitation centres, in particular unsanitary conditions, violence, and a lack of clean drinking water, medical attention and other personnel. The Committee recommended, among others, that Ecuador ensure effective access to justice for victims of gender violence; that it redouble its efforts to combat illiteracy, in particular among girls living in rural areas; that it investigate complaints of forced detention and torture or ill-treatment of individuals based on their sexual orientation; that it take all necessary measures to prevent deaths of individuals participating in public protests; and that it set up investigatory commissions to look into such deaths.


Members of the Committee

The States parties to the Covenant elect the Committee's 18 expert members who serve in their individual capacity for four-year terms. Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights." The Committee members are: Abdelfattah Amor (Tunisia); Mohammed Ayat (Morocco); Lazhari Bouzid (Algeria); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Ahmed Amin Fathalla (Egypt); Yuji Iwasawa (Japan); Helen Keller (Switzerland); Rajsoomer Lallah (Mauritius); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); Michael O'Flaherty (Ireland); José Luis Perez Sanchez-Cerro (Perú); Rafael Rivas Posada (Colombia); Nigel Rodley (United Kingdom); Fabian Omar Salvioli (Argentina); Krister Thelin (Sweden); and Ruth Wedgwood (United States).

The Committee Chairperson is Mr. Yuji Iwasawa.


For use of the information media; not an official record

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