COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON CIVIL AND POLITICAL RIGHTS

Commission on Human Rights
57th session
4 April 2001
Evening and Night




Speakers Urge Action to End Torture, Enforced Disappearances


The Commission on Human Rights continued its debate on civil and political rights in an extended meeting from 6 p.m. to midnight, hearing from country delegations about national efforts to promote those rights and from non-governmental organizations who alleged violations of civil and political rights around the world.

On the issue of torture, a number of country delegations expressed their support for the Working Group on an optional protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The issue of forced disappearances was also raised by some Government speakers who pledged to investigate all such cases. Some speakers regretted the absence of an international instrument which spelt out obligations of States in this regard.

Other statements stressed the importance of the independence of the judiciary, the need to ban capital punishment worldwide, and the importance of constitutional and legal systems to provide strong guarantees to human rights, including freedom of religion and beliefs.

Non-governmental organizations alleged violations of civil and political rights in various countries and regions. Transgressions concerning freedom of expression, freedom of religion, and incidents of torture were claimed.

Representatives of the following States offered statements: Poland, Ecuador, Argentina, Japan, Latvia, Algeria, Indonesia, Kenya, Turkey, Bosnia and Herzegovina, Iraq, Egypt, Switzerland, Georgia, the Holy See, Ireland, Cyprus, Lithuania, Chile, Angola, Denmark, the Netherlands, Nicaragua, Croatia, Iran, Equatorial Guinea, and Paraguay.

The following non-governmental organizations took the floor: the Association for World Education; the World Union for Progressive Judaism; the Association of World Citizens; War Resisters International; Reporters san Frontiers International; the Arab Organization for Human Rights; the American Association of Jurists; International PEN; Human Rights Watch, Amnesty International; the Association for the Prevention of Torture; the World Organization against Torture; the World Federation of United Nations Associations; the International League for the Rights and Liberation of People; the International Federation of Action of Christians for the Abolition of Torture; the International Rehabilitation Council for Torture Victims; Article 19; the Asian Legal Resource Centre: the Asian Cultural Forum on Development; International Educational Development; the International League for Human Rights; the Bahai’ International community; the European Union of Public Relations; Friends World Committee for Consultation; Agir Ensemble Pour Les Droits de L’Homme; and the International Human Rights Association of American Minorities.

Turkey, Cyprus, Greece and Thailand exercised their rights of reply.

The Commission will resume its meeting at 10 a.m. on Thursday, 5 April, to continue its debate on civil and political rights.

Statements

ROMAN KUZNIAR (Poland) said there was no argument today about the significance of democracy for human rights. Democratic nations also agreed on the need for international cooperation and assistance in strengthening democracy. If there were any differences, it was only over the means and methods of achieving that objective. Paradoxically, globalization could, for all the benefits that it brought, also have some negative impacts on democracy. If not controlled by both national democratic and international democratic institutions, globalization processes could in the long run imply a transfer of decision-making beyond the ambit of the societies involved. This could primarily be a matter of decisions affecting societies and individuals moving out of the sphere of politics and into the sphere of economics. In a democratic system, politics, whatever its ailments, ensured wider representation and better exercise of the rights of individuals and social groups.

In the unending efforts to preserve the vitality of human rights, there was an important role to be played by diplomacy, international law and international organizations, especially the United Nations. Where 50 years ago there was the challenge of the universalization of human rights, today it was the universalization of democracy, and its protection against internal and external threats. The task and challenge for the United Nations was democracy with human rights and civil liberties, economic and social development, justice and solidarity.

FANTU CHERU (Ecuador) said his country expressed support for the initiatives presented by Mexico in the Group of Latin American and Caribbean countries for the establishment in the Commission of a Working Group for the consideration and negotiation of a draft convention on involuntary disappearances which had been elaborated by the Subcommission on the Promotion and Protection of Human Rights. The arguments expressed in the Group had convinced his country to support the initiative. Ecuador believed that the establishment of the Working Group would obtain consensus in the Commission. The delegation of Ecuador would actively participate in the inter-sessional activities in the negotiation of the future instrument.

Ecuador had also participated in the inter-sessional meetings of the Working Group which was considering a draft optional protocol on the Convention against Torture. Ecuador supported the suggestion of Mexico which was in favour of giving the issue a renewed thought. Ecuador had continued to advocate, in principle, for the adoption of a preventive mechanism against torture at the international level. The interests and dedication of non-governmental organizations in the promotion and protection of the initial protocol were commendable.

HORACIO EMILIO SOLARI (Argentina) said the serious circumstances experienced in the past had led Argentina to prioritize civil and political rights. Torture still existed in various parts of the world, and some voices even justified it. It was necessary to remain alert and vigilant to neutralize such beliefs. It was precisely from this standpoint that Argentina supported the Working Group considering a draft optional protocol to the Convention against Torture. The report presented by the Special Rapporteur contained guidelines that could be helpful. The delegation supported it, and hoped the group continued with its work. Argentina supported the United Nations Voluntary Fund for Victims of Torture as well.

The question of forced and involuntary disappearances was of special interest to Argentina. In the past, such practices had been carried out. The Working Group on forced disappearances had reported on the two instances in Argentina in 2000, and the Government was working on realizing the fate of the disappeared persons. The gravity of this crime, and the traumatic consequences that came with this, made it necessary to develop a universal mechanism to work towards its eradication. The delegation supported the creation of an inter-sessional Working Group. It also supported the report of the Special Rapporteur on extrajudicial killings, and where Argentina was mentioned, the Government had provided a response.

MASARU WATANABE (Japan) said that his Government had repeatedly stated that it supported the concept that " all human rights were universal, indivisible, interdependent and interrelated", as stipulated in the Vienna Declaration and Programme of Action. The Government believed that the discussion concerning civil and political rights under item 1 was of equal importance to those concerning other themes such as economic, social and cultural rights. It should be emphasized that economic difficulties could not be used as an excuse to justify the abridgement of internationally recognized human rights.

Although protection and promotion of human rights was the primary responsibility of Governments, one should not neglect the importance of international cooperation in that field. In that context, Japan welcomed the United Nations Office of the High Commissioner for Human Rights extending its advisory services and technical cooperation to the ever-increasing number of States as reflecting the deepening sensitivity towards the value of the individual in the world. At the same time, Japan, as the largest official development assistance (ODA) donor for ten consecutive years, also actively assisted the democratization of other countries. In addition, Japan had been continuing its efforts to eradiate torture since the Constitution entered into force in 1947.

JANIS KARKLINS (Latvia) said that maybe the concept of human rights and freedoms was the result of what had happened in the last century because it had witnessed unprecedented human suffering. If mankind was able to learn from its own mistakes, if there was any chance for human progress generated by accumulated knowledge, if there was a possibility to overcome divisions and to engage common responsibilities, then there was a duty to prevent humanitarian catastrophes in the future, and to effectively implement human rights norms. The modern world was so closely integrated that the administration of justice, the issues of fair trials and impunity could not anymore be merely national issues. The responsibility of governments to ensure that perpetrators of human rights abuses wherever they were committed did not escape justice was increasingly becoming a part of the code of conduct for inter-state relations. This code was not under the jurisdiction of any given state, but rather a commonly shared set of principles, which countries freely agreed to implement.

The administration of justice would be meaningless if the judiciary was not independent and impartial. The Constitution of Latvia determined the principle of independent judicial power. The supervision of courts and judges was organized by the court system itself -- superior courts supervised the lower ones. Any interference of state authorities or administration with the decisions of courts was inadmissible. Latvia had a three-level court system that included regional and district courts and the Supreme Court. The Constitutional Court was established in 1996. The judges of regional and district courts were nominated by the Minister of Justice on the basis of evaluation of the Legal Qualification Council of the region and their candidatures were confirmed by Parliament. Latvian judges received regular training. According to Latvian law, a judge could not be a member of a political party and could not hold other posts that were not related to the responsibilities of a judge. The Latvian President had declared a moratorium on execution of capital punishment in 1995. Latvia had signed and ratified the Sixth Protocol to the European Convention on Human Rights abolishing the death penalty.

HOCINE SAHRAOUI (Algeria) said the promotion and protection of human rights was a challenge as the international community entered into the third millennium. The community of nations should stand up for the ideals of freedom, dignity, justice and progress so that the human aspirations became a tangible reality. Algeria, which adhered to that vision of the emancipation of human beings, had been committed since its independence to seek the means and the ways for the emergence of a democratic culture anchored in secular values. Algeria, which had paid a heavy price to liberate itself from colonial domination, had made great sacrifices for the abortion of an obscurantist regime which negated the universal values of democracy and sought to impose them by violence.

The political values initiated by the President of the Republic committed Algeria to march through the avenues of peace and stability. The socio-economic development projects were also to take Algeria towards an era of progress, modernity and prosperity.

SUSANTO SUTOYO (Indonesia) said that his country was continuing its reform process in the political field with a view to ensuring a more democratic functioning of the State’s institutions. An important decision in this regard was the exclusion of the military from the next term's membership of the House of Representatives or Parliament. Indeed, under the current Government, the post of Minister of Defence was held by a civilian. In the same vein, the Government had streamlined its powers and encouraged the national press to shake off many restrictions imposed on freedom of expression under pervious regimes. The result was a vibrant press and civil society which was now able to voice its opinions actively and openly.

The Government had achieved progress in reforming its judicial system and was continuing to enhance the professionalism and independence of the police. The Government was also preparing the establishment of a human rights court. Although the population was 85 per cent Muslim, the practice and teaching of all six officially recognized religions were respected, and the Government was actively promoting mutual tolerance and harmony between them.

SALIM MOHAMED SALIM (Kenya) said the Government had sought to implement the recommendations contained in the report of the Special Rapporteur on Torture. An open and inclusive consultative process had begun last year, and that had resulted in a draft bill for the establishment of an independent human rights commission. It was hoped that the current session of Parliament would enact it into law. This would enable an independent commission to investigate human rights violations, either on its own initiative or upon receiving a complaint. In the meantime, the Standing Committee on Human Rights had been granted unhindered access to prisons, police holding cells and all other places of detention at will, as necessary, and without notice, and it had been enabled to publicize its findings. The Government was also looking into a number of recommendations of the Standing Committee on specific cases of torture.

Congestion had often been cited as a major problem in Kenya's prisons. The implementation of non-custodial sentences under the Community Service Orders Act of 1998 had been instrumental in addressing this problem, as well as ensuring that petty offenders no longer needed to serve jail terms. Already, well over 12,000 people had served non-custodial sentences, which were much more humane for the offenders and their dependents as it allowed families to remain together and to support one another in their daily activities, such as caring for and raising children. The public had also benefitted from their involvement in very useful community service projects, such as road maintenance, water projects, maintenance of schools, hospitals and other social amenities, and service to orphanages and foster homes. In the Special Rapporteur's report, there were several instances cited in which children shared prison cells with grown-ups which exposed them to abuse. He also alluded to incidents of corporal punishment in schools. In response to these problems, the Children's Bill 2000, once passed, would require courts dealing with child offenders to have regard to the best interests of the child, and prohibited children from receiving imprisonment, a death sentence, or placement in detention camp.

ERDOGAN ISCAN (Turkey) said that his country had been taking necessary measures to protect and promote human rights in accordance with contemporary and universal standards. Improvement in human rights was an irreversible process in Turkey. It should be noted that Turkey had implemented an extensive programme of human rights while combatting terrorism which was expressly aimed at disrupting its territorial integrity and political unity. Turkey was determined to become a thoroughly democratic society, secular in character, where human rights were fully respected and the rule of law prevailed consistently.

Turkey had continued to take steps towards becoming a signatory to the fundamental international instruments aimed at the protection and promotion of human rights and was cooperating closely with the human rights bodies within the United Nations system. Turkey took all allegations of human rights violations seriously, investigated them thoroughly and presented the results to the United Nations human rights mechanisms.

SEFIK FADZAN (Bosnia and Herzegovina) said more than five years after the signing of the Dayton Peace Agreement, the issue of missing persons was one of the most sensitive and gravest human rights and humanitarian issues in Bosnia and Herzegovina. The lack of financial resources had had a tremendous negative impact on the whole process of tracing, DNA identification and making possible the burial of 5,000 identified remains. While addressing this tragic issue, Bosnia and Herzegovina expressed its deep disappointment with the current impediments and the slow process of tracing and excavations of the remains of the missing. The solution of the problem of missing persons was of vital importance not only for the improvement of the whole human rights situation in Bosnia and Herzegovina, but also for the rebuilding of confidence and the speeding up of the current democratization and reconciliation process.

TAHA HAMDI MOHAMMED (Iraq) said that the interdependence of civil and political rights on the one hand, and economic, social and cultural rights on the other, should be stressed. Their violations led to the infringement of the rights of the individual. The mass violations committed by the United States and the United Kingdom against Iraq, in full view of the international community, had to be addressed by the Commission. A comprehensive embargo had been imposed on Iraq for 11 years, leading to the death of 1.5 million Iraqi citizens. Furthermore, the imposition of a no-fly zone and the daily bombardments of Iraq constituted grave violations. Despite this difficult situation, the Government had upheld the civil and political rights of the population. It had ratified the International Covenant on Civil and Political Rights in 1990. The Commission had to face its international responsibilities and help put an end to the grave violations committed against Iraq.

FAYZA ABOULNAGA (Egypt) said that her country's policy in the field of human rights was based on Egypt's commitments under the United Nations Charter and other international instruments. These principles had culminated in the Vienna Programme of Action which stated that human rights were indivisible. Egypt undertook to implement all human rights, civil and political and economic, social and cultural rights. Egypt was implementing them through legislation, institutions, and free and effective participation by civil society. Egypt last October had for the first time held elections under complete judicial supervision by the Constitutional Supreme Court. This showed Egypt's sincere attempts to promote civil and political rights. Egypt also believed that racism and terrorism must be combatted. Egypt fully supported the draft protocol to the Convention against Torture and other Cruel and Inhuman Treatment or Punishment which struck a much needed and necessary balance and provided solid ground for progress.

Concerning the report of the Special Rapporteur on torture, Egypt regretted that it was misleading and politically motivated. The Special Rapporteur seemed to have his own interpretation of his mandate. Egypt deeply regretted that his report in reference to the country contained allegations, falsification of facts and unfounded conclusions. Also, although he said that he appreciated the diligence of the Government in checking the cases that he had submitted, he concluded that torture was systematically used in Egypt. Egypt rejected these claims. It had all respect for the Special Rapporteurs and mechanisms of the Commission, but the Special Rapporteur on torture no longer had Egypt's respect.

JEAN-DANIEL VIGNY (Switzerland) said that certain groups such as human rights defenders, political activists, journalists or members of different minorities had continued to be subjected to extrajudicial, summary and arbitrary executions. In this regard, Switzerland expressed its grave concern at the excessive use of force by the Indonesian police and army in their police operations in different regions, notably Irian Jaya and Aceh. Switzerland also expressed its serious concern at the culture of impunity which was deeply rooted in Colombia. Thousands of persons had disappeared in recent years in many countries. Enforced disappearances constituted a grave violation of numerous human rights and an international crime, according to the Rome Statute of the International Criminal Tribunal. Freedom of religion continued to be violated in some countries, notably in Afghanistan by the Taliban, China, Viet Nam, and Saudi Arabia. In some cases , the authorities failed in their duties, allowing a negative climate to develop which resulted in serious violations, for example, in Cote d'Ivoire, Nigeria, Indonesia or Sudan. In the Israeli-Palestinian context, the end of 2000 saw unprecedented scenes of desecration of holy sites.

ALEXANDER KAVSADZE (Georgia) said that the fight against torture and other cruel and inhuman treatment and punishment was one of the basic issues which Georgia had been tackling for the past few years. Georgia had created bodies to combat torture and had, among other measures, established civil control over the penitentiary system. These measures spoke of the country's resolve to eradicate this practise. At the same time, Georgia was aware that torture was still being practised everywhere, even in democratic countries with a long history of fighting this evil. The international community would not be able to eradicate this evil without permanent action. That was why Georgia had supported the establishment of the inter sessional Working Group to develop a draft optional protocol to the Convention against Torture. Its aim was to establish a preventive system of visits to places of detention.

In conclusion, Georgia believed that non-governmental organizations had the greatest potential to fight torture and all countries should make more active use of them. Amnesty International and other NGOs played an excellent role in this.

DIARMUID MARTIN (the Holy See) said that the search for the transcendent led to the search for the good. A remarkable wealth of humanitarian service was rendered in the world by believers in a disinterested fashion. Many believers drew unique inspiration from their unswerving commitment to human rights from the tenets of their own religious belief. The profound link which religious believers found between their belief and their personal sense of dignity and identity required that States protected religious liberty to the maximum extent possible and reduced to that absolute minimum established in international norms any restrictions on the exercise of the freedom of religion of individual believers or their communities. The Holy See called on all States to renew their commitment to foster religious freedom, and to take firm measures to deal with those who exploited religious sentiment to incite intolerance or for their own political interests.

ANNE ANDERSON (Ireland) said her Government thanked the Special Rapporteur on the independence of judges and lawyers. In his report, he had once against addressed the murder in Belfast of Patrick Finucane, a highly respected defence lawyer. Ireland shared the concerns of the Special Rapporteur in relation to this murder, including his assessment that only a judicial inquiry could comprehensively address and examine all the circumstances surrounding this case and get to the truth in relation to it. Concerning the case of the murder of Rosemary Nelson, Ireland welcomed the Special Rapporteur's call for a commission on inquiry into the murder.

On the issue of religious intolerance, this year the twentieth anniversary of the adoption of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief was being commemorated. However, the Special Rapporteur's report had provided dozens of examples of situations where the right to freedom of religion and belief were contravened. Sadly, there had been an escalation in religiously-inspired cases of murder, assault, injury and destruction of places of worship in many parts of the world. The practises of the Taliban in Afghanistan were particularly reprehensible. And in Iran, despite certain improvements, concerns remained in relation to persecution of the Baha’i community. Also of concern according to the Special Rapporteur were restrictions imposed by the Chinese authorities on the practise of religion in various regions, including Tibet. It was essential that the Commission emphasize the responsibility of Governments to ensure that their constitutional and legal systems provided strong and enforceable guarantees of human rights and fundamental freedoms, including the freedom of religion and belief.


XENOPHON KALLIS (Cyprus) said that the problem of the missing persons of Cyprus was still unresolved. The efforts of the Government of the Republic of Cyprus and the many representations and agonizing appeals of the families of the missing, had not succeeded in securing the necessary humanitarian cooperation from the Government of Turkey and its subordinate local administration in the occupied part of Cyprus, which, as it must be stressed, were in possession or could easily obtain the evidence and information needed for the determination of the fate of the missing persons. Ever since the Turkish invasion, the families of the missing were awaiting day after day to be informed whether their loved ones were alive or dead. Children grew up without ever getting to know their parents, wives, grew old in sorrow, longing for their husbands, and old mothers and fathers, passed away not ever knowing the fate of their loved ones. A special appeal was made to the Government of Turkey to exercise the necessary will and take the necessary humanitarian steps in order to assist the efforts to solve this problem.

ALGIMANTAS RIMKUNAS (Lithuania) said the conditions in prisons and other places of detention were among the issues that were seriously addressed in Lithuania with the understanding that the creation of better conditions in these institutions was an essential task in fostering human rights as a basis for the strengthening of the democratic society. The Criminal Code of Lithuania provided that punishment for crime could not be aimed at physical suffering or diminishing the dignity of the sentenced person. The measures which were taken in Lithuania included both legislative organizational reforms and improved conditions. Lithuania had a firm determination and concrete plans to create more human rights in prisons. The detention institutions were complex structures and it took time to transform them into modern and well-functioning institutions.

PEDRO OYARCE (Chile) said that the country’s recent history made it undertake every possible effort aimed at preventing and punishing one of the most serious affronts to human dignity. The issue of forced disappearances constituted one of the most serious violations of human rights and a crime, according to international law. Forced disappearances were a serious crime since they violated inalienable rights and constituted a continued violation. The disappeared persons had all their rights suspended. Regretfully, current legislation did not include a universal treaty that established in detail the obligations of States in the areas of prevention, investigation, repression and international cooperation with regard to forced disappearances. Similarly, there was no legal obligation to compensate victims of forced disappearance and their families. Many of these issues were defined in the Declaration on the Protection of All Persons against Forced Disappearances but it was not binding. Nor did the International Covenant on Civil and Political Rights, which also addressed forced disappearances establish specific obligations either.

CECILIA BAPTISTA (Angola) said several activities were now underway to heighten awareness in all institutions to safeguard civil and political rights. With the efforts of all participants, and in response to the report on this, it was possible to ensure that people arrested for crimes were not subjected to torture or arbitrary detention. Prosecutors had been placed in all police stations to ensure that due process was followed. Concerning disappearances, the Government was making every effort to explain each individual situation. The same could be said for the examples of summary executions that were described in the report. In the war zone, the rebels were responsible for these executions. Regarding the freedom of expression, the Government ensured the freedom of the press in its Constitution. A new bill on the press, which would define broader freedom of expression, was in Parliament. Libel and slander were banned under the law. In the judiciary, judges were independent, and should obey the law. No administrative or political decision could overrule a judicial decision.

HENRIK REE IVERSEN (Denmark) said that torture took place every day albeit out of sight and in secrecy. This called for international supervision which was therefore even more urgent in this field than with respect to other human rights. The international community had a clear responsibility to prevent torture wherever it occurred. It was therefore difficult to understand why fewer States were parties to the Convention against Torture and other Cruel and Inhuman Treatment or Punishment than to other human rights conventions. Likewise, it was difficult to understand why there was no additional protocol to the Convention against Torture to enforce the prevention of torture by establishing an international set-up for visits to places of detention.

MIRA S. WOLDBERG (the Netherlands) said that in the last decade, torture had been one of the most pervasive issues for the international community. Irrespective of the country or region, all agreed that torture was a human rights violation that could never be accepted. The prohibition of torture was absolute -- there was no exception possible and this human right should be respected in all circumstances. The Government strived actively for the establishment of a truly independent and international inspection mechanism that could undertake visits to prisons and detention facilities. By way of these visits, the international community would emphasize the importance of prevention and could contribute significantly to the struggle against torture.

One of the elements which Amnesty International had focused upon in its campaign was the use of equipment which was designed to inflict torture or other cruel, inhuman or degrading treatment. The Netherlands shared this concern and would like to stress the importance for States to prohibit the use of such equipment as well as the abuse of any other equipment to these ends. Governments should ensure that any such equipment would not be exported unless it appeared to be certain that it would not be used for the purpose of inflicting torture. The elimination of torture was the responsibility of all.

LESTER MEJIA SOLIS (Nicaragua) said that human rights were universal and indivisible. Sustainable development of the human person could take place only if all human rights were protected: civil, political, economic, social, and cultural. Nicaragua had made enormous progress in promoting human rights. Among others, Nicaragua had embarked on reforms of its electoral and legal system. Freedom of expression was fully guaranteed in Nicaragua. Efforts had been undertaken to modernize national institutions. The issue of forced and involuntary disappearances was a historic problem in Nicaragua. This was why Nicaragua fully supported the establishment of a Working Group to elaborate an international instrument that guaranteed protection against these violations.

ANDREA HALAMBEK (Croatia) said that last week in New York, the Human Rights Committee had considered and held an exchange of views with the Croatian delegation on the initial report of the Republic of Croatia on its compliance with the International Covenant on Civil and Political Rights. The report contained an overview of legislation that had been adopted, and other measures taken since Croatia became an independent State in 1991. Considering that freedom of expression was one of the crucial tools in building democracy and in the promotion and protection of human rights, Croatia had taken several measures to enhance the media freedoms in the country. The Government programme for the period of 2000-2004 had designated strengthening the freedom of expression as one of its priorities. The revision of two major laws regulating the electronic media was also envisaged. A public debate showed that many different interests were involved -- political, professional, and economic. The access to the new technologies, in particular, the Internet, was entirely free in Croatia and was more and more used, not only as an information source or communication tool, but also to make it easier to access information on the activities of the Croatian authorities.

MAHMOOD KHANI JOOYABAD (Iran) said that his country was a dynamic society which was facing various challenges in its movement towards development. In this context, the Government in collaboration with non-governmental organizations and political parties had made all efforts to establish appropriate conditions for realizing a civil society. Iran had undertaken concrete measures for enhancing participation of all political and social partners through monitoring, evaluating, advocating and implementing national polices that promoted the rule of law and democracy in the society. During the past 30 years, 30 publishers in Iran had been summoned to the press court but none of them had been permanently closed down. Today Iran was witnessing an unprecedented diversity, both in the number and type of the mass media and press.

EULOGIO OBRANG MBA OBONO (Equatorial Guinea) said the National Human Rights Commission in the country carried out its work through two commissions -- one coordinated matters related to violations of economic social and cultural rights, and the other one dealt with discrimination matters. Most members were members of Parliament, and others were freely elected by non-governmental organizations, trade unions and other institutions. The Commission investigated possible violations and monitored the implementation of international human rights standards. The Commission also investigated the conditions of prisons and other places of detention. That ensured that police officers were in compliance with the law, and made police officers aware of human rights. The Commission also made sure that prisoners received proper food and health care, and were able to partake in family visits. The Commission helped improved several prisons, and also helped find new sources of housing for impoverished people.

FRANCISCO BARREIRO PERROTA (Paraguay) said that his country had ratified international instruments relating to the crime of torture, namely the Inter-American Convention to Prevent and Punish Torture, and the Convention against Torture and other Inhuman and Degrading Treatment or Punishment. The fact of being party to two normative systems which regulated the same aspect of human rights was proof of the efforts undertaken by Paraguay to put an end to the impunity of those who committed human rights violations. Paraguay had also ratified the Inter-American Convention on Forced Disappearances, which was regularly applied by its courts and judges. Paraguay stressed the importance of adopting a binding universal instrument to address all aspects of forced disappearances.

DAVID LITTMAN, of the Association for World Education, said that last year the Association had raised the case of Dr. Neseem Abdel Malek because this miscarriage of justice was a blatant example of what occurred systematically in Egypt as a direct result of the state of emergency laws enforced for 20 years. Under these laws, any civilian could be referred to a military court by a presidential decision. This emergency system of justice allowed an easy condemnation on inadequate or non-existent evidence. The Egyptian delegation should exert its zeal for human rights, not just here at the United Nations, but at home, so all Member States and observers could understand more clearly how a totally innocent civilian Coptic doctor, director of a mental institution in Cairo, could be condemned to 25 years imprisonment by a military court without appeal. The main bribery charge against him came from a certified insane killer, and an Islamic terrorist who had killed four tourists in 1993, and who had later stated that his acts were part of his jihad for Allah, and that he would target more infidels. His false testimony, contradicted by his own mother, was totally insufficient evidence to convict a Coptic hospital doctor to 25 years in prison.

DAVID LITTMAN, of the World Union For Progressive Judaism, addressed the question of Jewish refugees from Arab countries in 1947. After the proclamation of independence of the State of Israel, the armies of five Arab countries, with the support of the Arabs of Palestine under British mandate, had invaded the new State. This war was a pretext for the intensification and legitimization of a settling of accounts in Arab countries. The leaders of these countries had forced Jews to abandon their homes and property and take the path to exile. The State of Israel constituted a natural refuge for the great majority of these refugees from the Arab world. These Jewish refugees had been the victims of waves of pogroms and humiliation. These refugees, unlike the Arab refugees of Palestine, did not receive any compensation from the international community, and had not even requested any compensation.

MAY BAKHTIAR-KAMEL , of the Association of World Citizens, said China had a repressive policy concerning the Falun Gong spiritual movement. The Falun Gong was a fire, a light, coming from the deep embers of Chinese culture, drawing on Taoist and Buddhist principles, and on long-used techniques of exercises and Qi gong. This fire, under the ashes of modern history, was now lighting the lives of millions with its three chief virtues of truthfulness, compassion and forbearance. The Chinese Government continually used administrative detention and the relegation of people to re-education through labour camps. The use of administrative detention was a fundamental denial of the right to a fair trial and to an adequate defense. Persons placed in these labour camps by administrative decision often were not told of the reasons for their detention. No time was set for their release. Often family members were not informed where the person was held.

There were allegations of widespread torture and degrading punishment, which was a major concern to the United Nations Committee against Torture in its May 2000 comments concerning China. The arrests of Falun Gong practitioners had highlighted the widespread use of torture also in prisons. Torture was used as a means of social control. It was used with the aim of striking terror into the hearts of the people.


MICHEL MONOD, of War Resisters International, said that his organization had already published in 1998 a world survey on conscription and conscientious objection to military service. This survey revealed the fate imposed on conscientious objectors, draft evaders and deserters country by country. The survey described the painful fate imposed on those who refused to participate in war and its preparation in some countries. A recommendation of the European Parliament recognized the right to conscientious objection to military service on religious, ethical and philosophical grounds and the possibility to carry out a civilian alternative service. This recommendation had been largely followed by Member States and non-Member States that had applied for accession. Outside Europe, some countries had taken positive steps towards recognition of the right to conscientious objection

GEORGE GORDON-LENNOX, of Reporters sans Frontieres International, said the number of journalists in prison was at its lowest number in many years. The number of the countries where there was no freedom of the press was getting smaller. But in some 20 countries, journalists were jailed simply because of something that had written. In Burkina Faso, the investigation of the murder of a journalist had progressed slowly. Since May 1999, six serious suspects were named, but only in February 2001 was there an indictment. In Ukraine, the editor-in-chief of an online newspaper that was highly critical of the government was murdered. Everything was done in the first few weeks to slow identification of the body, which was decapitated. His wife had to wait a month before she was allowed to see his remains.

In 2000, 26 journalists were killed, 329 were arrested, usually unlawfully, and 510 attacked or threatened. In Cuba, there were 70 cases of pressure on journalists with regard to circulating information, and 18 journalists were pressured to leave the island. In Iran, 12 journalists were imprisoned, which made it the largest journalist prison in the Middle East. In recent months, not a week had passed without a journalist being arrested. Some had been released, but with heavy bail.

MOHAMMED FAYEK, of the Arab Organization for Human Rights, said that the organization was satisfied with continuous governmental efforts aiming to promote women's rights in Bahrain and Egypt. The setbacks suffered by those efforts, because of social traditions as in the case of Kuwait, did not belittle them in anyway. In Somalia, the efforts to achieve national reconciliation did not lead to the anticipated positive results as they failed to put an end to the destructive conflict. Civil war in the south of Sudan continued to be a source of serious violation of international humanitarian law and international human rights law. In Algeria, acts of violence and terrorism had spread all over the country. In Arab countries some violations of human rights and basic freedoms continued, the most dangerous was the continued practice of torture in some countries and the death of some detainees by suspected torture practices in Tunisia and Sudan. In both Egypt and Mauritania established political parties were banned; other political parties were denied the right of registration in Algeria without any legal reason. A matter of particular concern was the continued Israeli violations of the human rights of the Palestinian people

JAIRO SANCHEZ, of the American Association of Jurists, said a few weeks ago, a Mexican judge had established an important precedent when he ordered an Argentinean detainee deported to Spain for crimes committed in his native country. The Association considered the concept of universal jurisdiction should cover all human rights, and should inspire the work of the Commission. This should be linked with courts, both national and international. The Working Group on forced disappearance considered the lack of information from Governments was a form of inhuman treatment. The Government of Brazil should provide information on dozens of persons who disappeared in the 1970s. The Association hoped the Commission would pronounce itself on particularly serious human rights violations in Afghanistan, Colombia and Iran, and on the treatment of the Palestinian people by the Government of Israel.

FEWZIA ASSAD, of International PEN, said that the organization was concerned about the use of criminal defamation laws to suppress legitimate comment and criticism of those in power. The most common cause for convictions was articles which alleged corruption in high places, leading PEN to conclude that criminal legislation was being used to gag writers and journalists who attempted to practice their right to investigate and report on what could be serious official practices. Lengthy prison terms and swinging fines that could be levied against those convicted under criminal defamation laws were often disproportionate to the offence, thus discouraging debate on issues of public concern. During the past year, PEN had noted prosecutions of journalists under criminal laws in 18 African, Asian, Latin American and European countries

JOANNA WESCHLER, of Human Rights Watch, said it was laudable that the President of Colombia and his armed forces chiefs had made strong statements against paramilitaries. But words were not enough. Paramilitary activity had increased and these groups, often working with the tolerance or support of the Colombian military, were considered responsible for nearly 80 per cent of all human rights violations in Colombia. A record 10 human rights defenders were killed in 2000. Even as eyewitnesses, municipal officers and even the Government's own investigators delivered current information about the location of paramilitary bases, license plates, colours and types of vehicles, cellular telephone numbers, and even the names of paramilitaries, the Government's response was largely only a letter acknowledging receipt. Military troops arrived after the paramilitary forces had gone, and registered bodies and damages. Indeed, high-ranking officers against whom there was credible evidence of ties to paramilitary groups not only remained in command, but had been promoted. These cases were not the exception, but the rule. In the first 17 days of 2001, Colombia recorded 23 massacres. An estimated 50 paramilitaries pulled men from their homes and killed them by crushing their heads with heavy stones and a sledgehammer. The military, according to credible accounts, provided safe passage to the paramilitary column and effectively sealed off the area while the killing took place.

The Commission must also take strong action on Indonesia. In particular, the Commission should address continuing military impunity. Indonesia's democratically elected Government had taken important steps to bring its laws into line with international rights standards. Many of the new laws, however, were untested. The courts were still weak and slow to act, and hardliners in the military and government continued to impede efforts to do justice for past atrocities. Meanwhile, reports of new atrocities continued to emerge, particularly against civilians in conflict zones. Despite continuing abuses, Indonesian reformers had been able to enact significant legislation, which warranted international support, including a new law establishing human rights courts. Investigation in one key case -- the December 2000 torture of dozens and death in custody of two students -- had begun. These were important first steps, but success was by no means assured, and prosecutions could still be derailed. The Commission should denounce continued military impunity and to support nascent justice efforts in Indonesia.

SOPHIE MARSAC, of Amnesty International said that positive measures adopted by Saudi Arabia did not appear to have made any impact on the pattern of grave human rights violations. Although the gravity of the situation was widely known, it continued to be blatantly ignored by the international community. Amnesty International was not allowed to visit the country and its numerous letters to the Government had received no substantive reply. The justice system, which denied defendants the most basic fair trial guarantees, relied heavily on "confessions", even when obtained under torture. Amputations and flogging remained common forms of punishment. Extrajudicial executions and torture were regularly reported in Indonesia, especially in Aceh and Papua. Many hundreds of people, the majority of them civilians, had been extrajudicially executed during the past two years in Aceh by the Indonesian military and police facing armed opposition by the Free Aceh Movement.

MARC THOMPSON, of the Association for the Prevention of Torture, urged the Commission to renew the mandate of the Special Rapporteur for another three-year term. In addition, the Association was concerned that the scope of the mandate of the Special Rapporteur should be maintained and that its working methods should be strengthened. Also, there was the draft optional protocol to the torture convention. The work of the Association on visiting mechanisms to prevent torture predated the current Convention against Torture. In the 20 years since the Association had been established, it had been implementing international and regional programmes for the prevention against torture. As an important part of its work, the Association had been actively involved since the outset with the working group on the draft optional protocol. It requested the Commission renew the mandate of the Working Group so that it could meet for at least another two weeks prior to next year's Commission session.

ERIC SOTTAS, of the World Organization Against Torture, said that in Libya, parents and victims who had been able to leave the country regularly mentioned the widespread use of torture and other cruel, inhuman and degrading treatment. In the conclusion of its latest examination of the situation in Libya, the Committee against Torture had expressed concern over information it continued to receive concerning allegations of torture committed by Libya and it had pointed out that the Libyan authorities had not responded satisfactorily to its earlier recommendations. In Tunisia, torture was used to repress all dissident forces. The opening of a dialogue with the Chinese authorities had so far been relatively fruitless and many of its aims had not been achieved. The organization continued to receive numerous allegations of torture of members of trade unions not recognized by the authorities; of members of ethnic minorities, especially Tibetans; of human rights activists and of members of the Falun Gung movement.

I. H. HORACE PERERA, of the World Federation of United Nations Associations, said it was unfortunate that Islamaphobia existed. The Koran was a liberal and sacred text. The Federation condemned strongly the destruction of the Buddhas in Afghanistan, as it did the destruction of mosques in India, and the desecretation of Jewish synagogues wherever they happened. All religions stressed non-violence and respect for fellow humans. The Federation regretted the persistent refusal of the drafters of past resolutions to include a clause in it on the right of the child to education in the religion of his or her parents or legal guardians. All religions proclaimed lofty moral values, which were eternal and immutable and which should therefore be handed down from generation to generation through education. The fear in some quarters that the inclusion of such a clause could be interpreted as requiring that religious education be provided in schools conducted by public authorities was totally unwarranted as a careful reading of these texts would reveal that such education in state schools was optional.

VERENA GRAF, of the International League for the Rights and Liberation of People, said it considered impunity as one of the major obstacles to the enjoyment of all human rights. Impunity, be it with regard to civil and political rights or economic, social and cultural rights, was incompatible with the international obligations of States. Impunity constituted a violation of the obligation of every State to investigate violations and bring to justice those responsible. Impunity meant that a segment of society which committed crimes placed itself outside the law. It also undermined democracy. There were many practices used by Governments to justify impunity, including giving amnesty to human rights violators. States often justified amnesty as a price to be paid for institutional normally or to overcome an armed conflict. States that had passed amnesty laws or similar laws should repeal them. The neo-liberal model, foreign debt and structural adjustment policies were the source of many violations of economic, social and cultural rights.

RENATO SIMOES, of the International Federation of Action of Christians for the Abolition of Torture, said the visit of the Special Rapporteur on Torture last August to Brazil revealed to the whole world a police force that used torture as an ordinary means of interrogation, and of eliciting confessions from criminal suspects. Between January 1996 and March 2001, the Police Ombudsman of Sao Paulo had received 873 denunciations of torture inflicted on individuals or groups of prisoners by civil or military police officers. Impunity could explain why this continued to happen -- there had been only one case of torture brought before the court during this period. In February, the whole world was able to watch the television coverage of the riots involving adult prisoners in some 30 detention centres in Sao Paulo. Thousands of prisoners, led by criminal gangs organized inside and outside prison, denounced the moral bankruptcy of this system. The success of these gangs was due to the protection they offered detainees, who were totally deprived of legal assistance, health care and opportunities for work and education. What these gangs provided in exchange for money and through terror should be in fact guaranteed by the State as fundamental rights. The Commission should make every possible effort to ensure that the Brazilian authorities take effective action against the practice of torture, to put an end to impunity, and thereby prevent further occurrences of such crimes.

JENS MODVIG, of the International Rehabilitation Council for Torture Victims, said that health professionals working in support of torture victims continued to suffer harassment, and in some cases torture and execution. The appointment of the Special Representative of the Secretary-General on Human Rights Defenders was a welcome development. However, the mandate of the Representative demanded the cooperation of all Member States to ensure the protection of those working in support of torture victims. The Council continued to encourage Governments to increase their contributions to the UN Voluntary Fund for Torture Victims and welcomed the first contributions from Iran and Poland. The Council was also becoming increasingly involved in providing technical assistance to Governments. It continued to monitor and where appropriate to intervene during conflict situations in support of torture victims. It remained on alert in areas such as Chechnya, Sierra Leone the Democratic Republic of the Congo, and many other conflicts around the world.

JAN BAUER, of Article 19- the International Centre Against Censorship, said in many countries there were harsh defamation laws, of both criminal and civil nature, which restricted the free flow of information and ideas to the public and prevented peaceful criticism of government or public officials. The Special Rapporteur on freedom of opinion and expression had expressed concern regarding excessive defamation laws in his reports to the Commission. Criminal defamation laws exerted a significant chilling effect on the freedom of expression and could not be justified as a restriction of this right. The experience of countries where criminal defamation laws were not in use showed that reputations could adequately be protected by civil defamation laws. States which still had criminal defamation laws should abolish them, and replace them with appropriate civil laws.

In civil laws, provisions which did not protect reputations, but instead prevented criticism of government, should be repealed. Defamation laws should reflect the importance of open debate about matters of public concern, and the principle that public figures were required to tolerate a higher degree of criticism than ordinary citizens. The plaintiff should bear the burden of proving the falsity of statements of fact relating to matters of public concern. It should be a defense, in relation to a statement on a matter of public concern, to show that publication was reasonable in all circumstances, in recognition of the fact that even the most professional journalists made mistakes under pressure to report in a timely fashion. No one should be liable under defamation law for the expression of an opinion. And sanctions for defamation should be used only where non-pecuniary remedies, which often largely redressed any harm to reputation, proved insufficient.

SANJEEWA LIYANAGE, of the Asian Legal Resource Centre, said that in Sri Lanka the prosecution of torture suffered the same defects of the prosecution system as did all other serious violations, such as extrajudicial killings. The prosecutor would act only if criminal investigations were conducted by the police and a dossier containing evidence was submitted to the department. Naturally, in the case of the offenses alleged to have been committed by law enforcement officers, such as torture, there was rarely a criminal investigation. In Nepal, the police at times used torture to punish suspects or to extract confessions. In Thailand, the heavy shackling of prisoners still existed despite many protests. In India, offenses made punishable under the Prevention of Atrocities Act were hardly prosecuted. Enforced disappearances continued in many Asian countries. Sri Lanka's record was even more dismal that many other countries. In Indonesia in 1965-1966, Soharto and his allies had orchestrated the disappearance or murder of over one million Indonesians in the name of "communist cleansing".

NUTTAPHOL KHIEWBORRIBOON, of the Asian Cultural Forum on Development, said a 19-year-old was shot dead by the military in Thailand in May 1992 during a democratic uprising when he joined the pro-democracy movement in a peaceful demonstration against the military-led government. As a result of the brutal crackdown, dozens of people had been killed, thousands had been injured and hundreds disappeared. In the last nine years, all means available domestically had been exhorted to seek justice. Yet the Government had been reluctant and sluggish in recuperating the losses, in particular giving information as to where the missing could be found. Despite strenuous pleas to demand action from the Government in the identification and exhumation of the disappeared, little progress had been seen. The people had been left to their own devices.


The Forum urged the Thai Government to immediately invite the United Nations Working Group on forced or involuntary disappearances to investigate the missing cases in Thailand. It also wanted sufficient compensation for the lost lives. It urged the Member States that had not yet ratified the International Covenant on Civil and Political Rights and its optional protocols to do so as a matter of priority.

KAREN PARKER, of International Educational Development, said that terrorist States included Indonesia, Sri Lanka, Afghanistan, Iran, Turkey, India, Sudan, Burma and Somalia. State terrorism in Indonesia was now most apparent in the Moluccas where the Javanese-dominated authorities obliterated the Moluccans' free choice in 1950 to establish a separate state under the terms of the 1949 Round Table Conference Agreements. The Moluccas had seen the flight of thousands of Moluccans even since due to conditions intended to crush out Moluccans aspirations of independence. Particular concern was expressed about the new phenomena of "terrorist" lists by the United States and now - apparently in copy-cat support of US foreign policy objectives- by the United Kingdom. Figuring on these lists were opposition armed forces in Palestine, Sri Lanka, Turkey, Kashmir and Iran

TATYANA KASTAKINA, of the International League for Human Rights, said gross violations of human rights -- unlawful detentions, abductions and disappearances, torture and summary executions -- were now taking place on the territory of the Russian Federation in the Chechen Republic. In the majority of cases, when people were detained or arrested, they disappeared for some time. Their relatives could not find out where the detainees were held, nor the charges against them. The detainees themselves could not avail themselves of the services of lawyers. After several weeks or even month of searching and bribing officials, most of the disappeared were usually found in an interrogation detention centre or in a district police station. But in many instances, people who had been detained disappeared without a trace. And sometimes, the corpses of people previously detained had been found by local residents. The bodies displayed signs of torture.

According to official information, there were a total of 51 bodies in a grave near Khankala, near the main Russian base in Chechnya. Of these, 19 of them, including four women, were identified by their relatives. The League knew the names of 17 of the identified. All of them were detained, not during combat, but during cleansing operations and at checkpoints. All of these people were detained at various places and times. Their relatives made the rounds of government offices and police stations trying to fine the whereabouts of their loved ones, but to no avail. Now it was clear that all of these people were taken to the military base in Khankala and killed. The military did not have the right to detain civilians because a state of emergency had not been declared in Chechnya. Nevertheless, detainees were constantly brought to the Russian military base. Footage of these scenes was regularly broadcast over Russian television. The League called on the Commission to express its serious concern about the continuing gross violation of human rights in the Chechen Republic, and to provide for the unconditional implementation of the Commission resolution adopted last year. Lastly, it should establish an international commission to monitor the investigation of crimes committed in Chechnya.

TECHESTE AHDEROM, of the Baha’i International Community, said that in the middle of January, seven Bahai’s had been arrested in Egypt. No official reason was given for either their arrest or detention. In early February, two more Bahai's were arrested while visiting some of the prisoners, and this took place without any reasons. These arrests had been followed by an extensive campaign against the Bahai’ faith in the press, both inside and outside of Egypt. More than ten articles containing similar slander were published in the short period between the time of the arrests of the Bahai’s and early February. The campaign was reinforced by the publication of a Fatwa by the Mufti of Egypt. In it he confirmed the "necessity of enforcing the punishment of apostasy on the Bahai’ community". The organized persecution of the Bahai’ community started in 1960 when former President Nasser decided, through presidential decree, to dissolve all Bahai’ institutions.


FIRDOUS SYED, of the European Union of Public Relations, said that in the context of the on-going conflict in the Indian part of Kashmir, essentially it was the denial of freedom of opinion and expression that was hindering the enjoyment of the benefits of democracy. It was this difficulty which stood in the way of Kashmir's return to normalcy and restoration of peace. Incidentally, a debate began among the senior members of the executive committee of the main dissident group. The essence of the debate was that of enforcing a brand of faith at gunpoint. The militants in Kashmir, externally armed and indoctrinated and now extensively supported by the mercenaries drawn from many foreign countries, wanted to stifle the voice of the Kashmiris, who were asking questions about the type of faith these people wanted to impose on the unsuspecting population in the valley.

The elected Government in the Indian State of Jammu and Kashmir was providing all opportunities of legitimate dissent and opposition. It had never stifled the voice of opposition nor denied freedom of expression. It had never imposed curbs on the media, print or electronic. Scores of vernacular and English dailies were being published by the State. But on the other hand, the armed men were always trying to track down anybody and everybody encouraging freedom of expression and opinion. Media representatives had been gunned down; editors had been gunned down. Even newscasters had been threatened and intimidated or even kidnapped. Any paper questioning their illegal and unauthorized activities that resulted in the violation of human rights was being threatened and asked to shut down. In many cases, proprietors were forced to shut down their papers for quite some time. The militant leadership refused to come to the debating table and discuss issues. Their response to the moves of the Government for the restoration of peace in Kashmir was always dubious and unacceptable.

RACHEL BRETT, of Friends World Committee for Consultation, said that it was important to recall that the principled stand of those who, as a matter of conscience, refused to take up arms to kill their fellow human beings had since 1989 been unequivocally recognized by the Commission as a legitimate exercise of the right to freedom of thought, conscience and religion. For more than 300 years, Quakers had refused to participate in war, believing it wrong to kill. This was a conviction held by many people of different religious faiths and beliefs. It was on these grounds that Quakers claimed the right to conscientious objection to military service, not only for themselves but for all those who shared their pacifist conviction.

AGUSTIN JIMENEZ CUELLO, of Agir Ensemble Pour Les Droits de L'Homme, said there was a serious prison crisis in the world, and that led to situations of torture and cruel and degrading treatment. Frequently, Mafias came out of mistreatment of prisoners, and these Mafias controlled the prisoners, and they were able to get weapons from prison authorities. It endangered prisoners. It was important that women were helped in serious prison conditions, particularly when they were pregnant. Frequently, the conditions of these prisons became torture just being inside them. Violence in prisons had led to massacres, sometimes because of the prisoners, and sometimes because of the actions of those who were charged with the safety of prisoners. This was in contrast of the intention of the State to incarcerate people.

States often proposed that the only way out of this overcrowding problem was to build new prisons. This was a problem in the Latin American countries. There were over 52,000 people in prison in Colombia, and in 1999, 243 died in prison. States should put an end to serious overcrowding, which was an affront to human dignity.

COLIN MCNAUGHTON, of the International Human Rights Association of American Minorities, condemned acts of violence deliberately being perpetrated against Kashmiris by the Indian security forces. In Turkey, more than 900 prisoners began on 20 October 2000 an unlimited hunger strike to protest against the Government's plan to transfer them to isolation cells in newly built F-type prisons. These isolation cells made prisoners more vulnerable to the systematic physical torture commonplace in detention centres in Turkey. On 19 December 2000, the Government launched a massive operation against the hunger strikers resulting in the brutal deaths of 28 prisoners. Today, the hunger strike continued with many of the hunger strikers being force-fed against their will. The attention of the Commission was also drawn to human rights violations in Ireland. In Mexico, four Mexican social activists were illegally detained and brutally tortured by the Mexican security forces during October 1999.

Rights of Reply

A Representative of Turkey, exercising a right of reply, said his country had been given two-and-a-half minutes to speak because it was aligned with the European Union statement. The same should have applied to the Greek Cypriot delegation. But they were given five minutes. While the Greek Cypriot delegation followed the policy of lip service, the Greek Cypriot press had revealed the hypocrisy. In January, the press had printed a story about the missing persons issue, saying that the Government had rejected the UN proposal on missing persons. The fact that the Government had finally decided to investigate missing persons after so many years left no room for further comment as to the total insincerity of the Government on this subject. The Greek Cypriot Government should tell the truth to its people on this subject.

A Representative of Cyprus, speaking in right of reply, said that Turkey's commitment to human rights should be translated into action, in particular with regard to the question of missing persons in Cyprus. Polemics would not solve the problem.

A Representative of Turkey, exercising a second right of reply, said perhaps Cyprus could find no other way to contribute in this forum besides baseless accusations. Turkey did not want to waste the time of the Commission by attempting to make accusations.

A Representative of Cyprus, speaking in second right of reply, said that for 27 years, Cyprus had been waiting for Turkey to cooperate. The persistent refusal of Turkey to cooperate on the issue of missing persons had resulted in the unjustifiable perpetuation of the suffering of the missing persons' families.

A Representative of Greece, exercising a right of reply, said Albania, commenting on the report of the Special Rapporteur on the freedom of opinion, referred to the Greek minority in Albania. The figure of 58,758 persons was far from being accurate. According to the official data of the Greek authorities, Albanian citizens of Greek origin undoubtedly exceeded 200,000 citizens.

A Representative of Thailand, speaking in right of reply, said the Thai Government had reviewed all official reports concerning the 1992 incident and had provided financial assistance to the affected families. An amnesty decree had been passed with the aim of bringing about national reconciliation. As for the use of shackles in Thai prisons, the Representative indicated that shackles were used only in particular circumstances, when prisoners attempted to escape, commit suicide, or were dangerous and threatened to injure other prisoners.




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