SIX RAPPORTEURS ADDRESS COMMISSION UNDER DEBATE ON CIVIL AND POLITICAL RIGHTS

Commission on Human Rights
59th session
8 April 2004
Morning




The Commission on Human Rights this morning heard statements from six Special Rapporteurs and Chairman-Rapporteurs of working groups on matters related to civil and political rights.
In a statement read out by a representative of the Secretariat, the Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture said the Fund remained the main source of funding for medium and small-scale projects worldwide, financing every year about 200 non-governmental organizations (NGOs) assisting some 80,000 victims of torture in all regions of the world.
Theo van Boven, Special Rapporteur on the question of torture, said among other things that he had submitted a preliminary study on the question of trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment with A view to finding the best ways to prohibit such trade and production and to combat the proliferation of such equipment.
Asma Jahangir, Special Rapporteur on extrajudicial, summary or arbitrary executions, said she was deeply concerned that in recent years there had been no improvement in the situation -- in fact, she had detected an increasing tendency for extrajudicial executions to be carried out in the context of the fight against terrorism or crime, and there were numerous reports of journalists who continued to be threatened and even killed in circumstances which strongly suggested the involvement of influential political leaders and Government officials.
Representatives of Honduras and the Democratic Republic of the Congo spoke as countries concerned by the Special Rapporteur's report.
Dato' Param Cumaraswamy, Special Rapporteur on the independence of the judges and lawyers, spoke of the development of principles of judicial conduct and reported on visits to Saudi Arabia, Indonesia, and Italy. Representatives of those countries spoke in response to the Special Rapporteur's report.
Bernard Kessedjian, Chairperson-Rapporteur of the Working Group on a draft legally binding normative instrument for the protection of all persons from enforced disappearances, said representatives of 72 States, 12 NGOs and two international organizations had participated in the last session of the Working Group, which also had benefited from the work of the Independent Expert of the Commission who was charged with studying international law in relation to enforced disappearances.
Diego Garcia-Sayan, Chairperson-Rapporteur on the Working Group on Enforced or Involuntary Disappearances, said the Working Group was encouraging the creation of truth commissions as well as the adoption of a convention against enforced disappearances, adding that such convention would help put an end to impunity for perpetrators of enforced disappearances.
Towards the end of the morning the Commission began the general debate under its agenda item on civil and political rights.
Offering statements at the meeting were Representatives of Greece (on behalf of the European Union), Cuba, Canada, Guatemala, Japan, Honduras, Democratic Republic of the Congo, Switzerland, Jamaica, Indonesia, Italy, Pakistan, Costa Rica (on behalf of the Group of Latin American and Caribbean Countries, or GRULAC), Paraguay (on behalf of MERCOSUR -- Argentina, Brazil, Urarguay and Paraguay -- along with Bolivia and Chile), and Argentina.
The United States spoke in exercise of the right of reply.
When the Commission reconvenes at 3 p.m., it will continue its consideration of civil and political rights.

Civil and Political Rights
In addition to reports already noted, the Commission has before it under this agenda item the following documents.
There is a report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/2003/3). The report states that during the last 12 months, the world has generally not witnessed an improvement in the situation with regard to extrajudicial, summary or arbitrary executions. Reports of past systematic and widespread extrajudicial, summary or arbitrary executions that may constitute crimes against humanity continue to be received from Afghanistan. There has been little progress in addressing the issue of transitional justice in the country. Resorting to extrajudicial killings in order to fight terrorism is a worrying precedent and an issue of serious concern. There are also reports of Governments and their agents misusing their authority and using excessive force against unarmed civilians in the guise of fighting against terrorism. There are growing reports of threats and extrajudicial killings of journalists. Death threats against human rights defenders have been reported in a number of countries. Special forces, intelligence services and the military who are accused of extrajudicial killings often enjoy impunity. Deaths in custody are reported in a number of countries. The death penalty continues to be applied without due care for the safeguards and restrictions imposed by international guidelines and customary law. The report also notes that Governments have begun in some cases to pay greater attention to the killing of women in the name of honour, but in other cases the pattern of institutionalized impunity continues.
There is an addendum (Add.1) containing a summary of alleged cases transmitted to Governments and replies received. A corrigendum (Add.1/Corr.1) applies to this summary of cases transmitted to Governments and replies received.
A second addendum (Add.2) contains information about the Special Rapporteur’s mission to Honduras from 5 to 15 August 2001. The report indicates, among other things, that children have been killed in Honduras by members of the security forces. There have been very few investigations and trials in response to extrajudicial killings, and convictions are exceptional. In addition to institutionalized impunity, there is a campaign to build public support for a programme of “cleansing” of the streets of Honduras of undesirable children. The report concludes, among other things, that Hondurans, children and adults alike, will not receive justice unless the legal and judicial systems are made independent, efficient and transparent.
A third addendum (Add.3) contains information about the Special Rapporteur’s mission to the Democratic Republic of the Congo from 16 to 22 June 2002. The report states that the situation in Kisangani is still explosive and there is an immediate need to take measures to prevent further incidents of violence. There could be further reprisals by all sides, which may erupt into a spiral of violence and spread to other areas of the country. The report notes that there is hardly any deterrence to such violence, as impunity is virtually guaranteed to those in positions of authority, even when they commit such serious human rights violations as massacres in broad daylight.
A fourth addendum (Add.4) contains information about the Special Rapporteur’s mission to Afghanistan from 13 to 23 October 2002. The reports states, among other things, that the Afghan Administration is simply not equipped to successfully negotiate the demands of both assessing past violations and ensuring that those violations are not recurring in the present. The report notes that there is reasonable cause to believe that grave human rights violations and possibly crimes against humanity have been perpetrated in the past. The report notes that security concerns in Afghanistan are worrying, especially outside Kabul. Threats and extrajudicial, summary or arbitrary executions continue to be carried out by agents of the parties in power, and impunity remains entrenched in the system. There is a climate of fear, and those who leak information on violations of human rights are threatened. With regard to the death penalty, the legal and judicial system is not yet strong enough to ensure that all internationally recognized safeguards and restrictions can be applied.
There is a report of the High Commissioner for Human Rights on continuing dialogue on measures to promote and consolidate democracy (E/CN.4/2003/59). The report contains a summary of the proceedings of a seminar held by the Office of the High Commissioner for Human Rights on the interdependence between democracy and human rights. The report provides an overview of the subject and includes some of the main findings of the Human Development Report 2002. It also examines the centrality of the rule of law, Parliaments, the media and civil society to the fostering of democracy and human rights. And it looks at the contribution of the human rights treaty bodies and special procedures to promoting democracy.
There is a report of the Secretary-General on the status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (E/CN.4/2003/60). The report contains a list of States which have signed, ratified or acceded to the Convention against Torture as of 13 December 2002. It also includes information about the membership of the Committee against Torture.
There is a report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (E/CN.4/2003/61). The report contains information about the Fund's activities between July 2002 and January 2003; new contributions, pledges, trends over the last few years; financial needs; and the Board’s fund-raising activities.
There is a report of the High Commissioner for Human Rights on the incompatibility between democracy and racism (E/CN.4/2003/62). The report contains nine responses from Governments and other relevant organizations to requests for information by the High Commissioner about the main trends and Government policies regarding the incompatibility between democracy and racism. An addendum (Add.1) contains a reply received from the Government of Cuba.

Presentation of Report of Voluntary Fund for Victims of Torture
A Representative of the Secretariat, speaking on behalf of the Chairman of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, said the report of the Secretary-General (A/57/268) was a comprehensive document containing statistics and trends on the assistance provided to the victims of torture and highlighting the impact of the Fund over the past 20 years. The Fund remained the main source of funding for medium and small-scale projects worldwide, financing every year about 200 non-governmental organizations assisting some 80,000 victims of torture in all regions of the world. The Commission, in its resolution 2002/38, appealed to all Governments, organizations and individuals to contribute annually to the Fund, if possible with a substantial increase, in order to take into consideration the ever-increasing requests for assistance. Governments, public and private institutions and individuals interested were therefore highly encouraged to pay a voluntary contribution before the end of the current session of the Commission

Presentation of Report of Special Rapporteur on Question of Torture
THEO VAN BOVEN, Special Rapporteur on the question of torture, said this year, the main report contained a brief description of his methods of work under the anti-torture mandate with a view to enhancing cooperation with all parties concerned. He encouraged States to reflect upon them as a useful tool in efforts to combat torture, and to make every effort to follow them up and to implement them at the domestic level. Addendum 1 of the report contained a summary of communications sent to and received from Governments regarding individual cases and general information of concern to the mandate. Summaries of communications sent to Governments contained in this report merely reflected the information brought to his attention by reliable sources during the period under review. Thus, little or no information regarding a country did not mean that torture and other forms of ill-treatment did not take place in that country.
Mr. van Boven said he conducted a two-week fact-finding mission to the Republic of Uzbekistan, the report of which could be found in addendum 2 of the report. He regretted that the mission’s terms of references had not been fully respected. Indeed, he had been unable to carry out a visit to Jaslyk colony in a satisfactory and comprehensive manner and had been denied access to the National Security Service lock-up in Tashkent. Nevertheless, he had made several recommendations which, he hoped would assist Government authorities in their intention to put an end to the practice of torture and ill-treatment. In particular, had had focused on current domestic legislation that would enhance the protection of persons deprived of their liberty from abuse and violence.
Mr. Van Boven reiterated his interest in undertaking visits to the following countries: Algeria, Egypt, India, Indonesia, Israel, Nepal, the Russian Federation (including Chechnya), and Tunisia. The Commission was informed that contacts had been established with the Governments of Bolivia, China, Georgia and Spain. He had also submitted a preliminary study on the question of trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment, its origin, destination and forms, with a view to finding the best ways to prohibit such trade and production and to combat the proliferation of such equipment. He hoped to be in a position next year to establish a set of best practices, in particular of monitoring mechanisms, on the subject.

Interactive Dialogue on Question of Torture
A Representative of Greece, speaking on behalf of the European Union, asked about the Special Rapporteur's travel plans. He also asked if it was preferable if he contacted countries commensurate to his mandate.
A Representative of Canada asked about the methods the Special Rapporteur used to prevent torture and impunity.
A Representative of Cuba asked what process was used by Mr. van Boven in continuing his study on trade and production in equipment specifically designed to inflict torture and other cruel, inhuman or degrading treatment.
Responding, Mr. van Boven said that concerning his travel plans, his resources were as limited as those of other Special Rapporteurs; however, despite that, he had contacted a number of countries for future missions. He also made practical arrangements after an agreement was reached with the concerned country of a mission. He had also encouraged States to ratify the Optional Protocol to the Convention against Torture. He would also continue to stress the issue of reparations and rehabilitation for victims of torture, who had been neglected in the past. Whenever he visited countries, he encouraged States to contribute to the UN Voluntary Fund to victims of torture.
His whole mandate was to prevent torture, Mr. van Boven said, adding that he had visited a number of States' representatives at the Commission, asking them to collaborate with him.
Mr. van Boven said that he would continue to carry out his study on trade and production and equipment specifically designed to inflict torture. His intention was to establish next year a set of best practices for the regulation of such trade and production.

Presentation of Report of Working Group on Draft Instrument on Enforced Disappearances
BERNARD KESSEDJIAN, Chairperson-Rapporteur of the Open-ended Working Group on a draft legally binding normative instrument for the protection of all persons from enforced disappearances, said Representative of 72 States, 12 non-governmental organizations (NGOs) and two international organizations participated in the last session of the Working Group. The Working Group did not start its work from scratch as it worked on the basis of work accomplished on the subject over the past 20 years. The Group also benefited from the work of the Independent Expert of the Commission who was charged with studying international law in relation to enforced disappearances.
The Working Group dealt with various issues, including definitions, offenses, domestic and international cooperation, prevention and victims, the responsibility of non- state actors, specific references in domestic law to the crime of enforced disappearance and its definition as a crime against humanity, measures to be taken against impunity, questions regarding amnesty, international cooperation, transboundary crimes, reparations for victims, and appropriation of children of disappeared persons. These efforts all were with the objective of drawing up a universal instrument.

Presentation of Report of Working Group on Enforced or Involuntary Disappearances
DIEGO GARCIA-SAYAN, Chairperson-Rapporteur of the Working Group on enforced or involuntary disappearances, presented the annual report of the Working Group and expressed gratitude for cooperation received from some countries. Due to lack of staff in the Secretariat of the Working Group, not all information provided could be included in the report. Countries that had referred to individual cases as well as more general cases would be included in next year’s report. However, the Working Group was concerned by a lack of cooperation from the Governments of Burkina Faso, Burundi, Cambodia, Congo, Equatorial Guinea, Guinea, Israel, Mozambique, Namibia, Rwanda, Seychelles, Tajikistan, and Togo. It was noteworthy that the Government of Iraq had not responded or cooperated with the Working Group, given that the largest number of enforced disappearances was linked to Iraq.
During its 23 years, the Working Group had acquired much experience and had identified certain factors which led to the tragic circumstance of enforced disappearances, including Government policies and internal conflicts. The Commission was informed that in the past year, information on Japanese people had been received to do with abduction cases linked to North Korea. In this connection, the Chairperson-Rapporteur encouraged the creation of truth commissions as well as the adoption of a Convention against Enforced Disappearances. Such a Convention would put an end to impunity for perpetrators of enforced disappearances. In conclusion, the Commission was informed about an issue of particular concern to the Working Group -- the financial restrictions leading to a lack of staff to aid the Working Group. Due to the enormous correspondence received, it was becoming increasingly difficult to respond both to individual and general demands. This issue had been brought before the Commission on numerous occasions and the Working Group was alarmed by the lack of reaction by the Commission to this serious situation.

Interactive Dialogue on Enforced Disappearances
A Representative of Greece, speaking on behalf of the European Union, asked about measures taken in the treatment of cases and responses from States. The Rapporteur's opinion was requested on cases of disappearances that had occurred last year in the course of conflicts.
A Representative of Cuba asked about the various methods, including legislative measures, used to clarify cases of disappearances. The Rapporteur was asked about the facilities the Working Group used in speeding up investigations of past cases, particularly in Latin America.
A Representative of Guatemala, expressing concern about the lack of resources and the lack of responses from States, asked how the Commission could resolve those problems. Was there anything the Commission could do to resolve the financial problems faced by the Special Rapporteur?
A Representative of Japan, referring to a backlog of more than 40,000 cases of disappearances, asked how the Working Group could respond to the matter.
Responding, Mr. Garcia Sayan said that in its 20 years of existence the Working Group had established different data on countries; however, additional human and financial resources were needed to extend its work. Concerning cases of disappearances in 2002 in the course of conflicts, there was a need to take specific measures, including accessibility to persons detained in relation to the conflict. Although States had put in place legislative measures to prevent disappearances, such measures were violated by security forces, as in the case of Nepal.
In order to elucidate the large-scale disappearances that had taken place in the past, the Working Group had emphasized its work to avoid impunity. The Working Groups had also encouraged truth commissions to elucidate cases of disappearances, in order to ease the sufferings of families of the disappeared. The Group was also unable to take up the cases of 50,000 individuals. In resolutions to be submitted to the Commission, the Group would be specific about the human and financial resources needed to enable it to achieve effective results.
On the issue of more than 41,000 cases still pending, States concerned by such disappearances were required to continue investigating and identifying the disappeared persons, Mr. Garcia Sayan said.

Presentation of Report of Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
ASMA JAHANGIR, Special Rapporteur on extrajudicial, summary or arbitrary executions, said she was deeply concerned that in recent years there had been no improvement in the situation with regard to such executions. Furthermore, she had detected an increasing tendency for extrajudicial executions to be carried out in the context of the fight against terrorism or crime. A large number of reports had been received about journalists who continued to be threatened and even killed in circumstances which strongly suggested the involvement of influential political leaders and Government officials. A number of such deaths had occurred following threats received by such victims because they had exposed alleged corruption of influential people and groups. In the same way, human rights defenders continued to be threatened and killed. Lawyers and judges were also being targeted in the same manner in reprisal for their professional engagement in cases involving police and military abuse.
The Special Rapporteur said there had been numerous reports of deaths in custody in mysterious circumstances, and very few had been investigated. Very little attention was being paid to the killings of children at the hands of the security forces. Street vendors, child labourers, children involved in gangs and child drug addicts had become easy targets for extrajudicial killings in some countries. They were shot by police, and Government officials and the media stigmatized them as perpetrators of crimes and hence "disposable".
The Special Rapporteur said extrajudicial executions often occurred in conflict and post-conflict situations. A cause of serious concern was the increased tendency around the world to accept impunity as the natural response to these killings. Reports and subsequent killings of women by members of the armed forces continued to be received. Such cases were superficially investigated and in a number of them, family members were threatened for pursuing the matter. There was little effort on the part of authorities to protect witnesses or family members of the victims.
Representatives of Honduras and the Democratic Republic of the Congo responded as concerned countries.

Responses to Report by Countries Concerned
BENJAMIN ZAPATA (Honduras), speaking as a concerned country, said the Government appreciated the visit of the Special Rapporteur, and it had helped the authorities to come to grips with the current situation. The situation in Honduras was a result of very high crime levels in some areas -- part of the scourge of violence that Honduras had experienced for several years. The current Government was the first to look into the past and punish those responsible.
The Government's objective was to find lasting solutions to the problem, including the setting up of a Commission for the protection of children. This Commission had been working to investigate all matters relating to the murders of minors, while identifying prevention and rehabilitation mechanisms. Concerning cases relating to minors, the Government had also set up a special unit to work on cases of murders of minors, and it had been possible to identify the number of minors aged between 12 and 18 murdered between 1998 and 2002. The numbers identified were a concern, and resulted largely from gang violence and deportees coming from countries in the North with criminal records and gang links. The Government was investigating such situations, as well as situations where alleged police involvement had been reported. He appealed to friendly Governments, non-governmental organizations and multilateral organizations to help the Government of Honduras through training projects.
ANTOINE MINDUA KESIA-MBE (Democratic Republic of the Congo) thanked the Rapporteur for her substantive work. The DRC had not heard any condemnation of acts committed by secret agents, including spying agents. Did she believe that there existed the physical elimination of individuals by secret agents? How could such acts be prevented? The massacre committed by rebels in Goma had been mentioned. The massacre had taken away the lives of innocent people. The former High Commissioner for Human Rights had clearly demanded that the Government of the DRC avoid impunity. In a province of the country rich in diamonds, people had been arbitrarily executed last year. The massacre could be equated to cannibalism. What methods could the Special Rapporteur suggest to prevent such massacres?

Interactive Dialogue on Extrajudicial, Summary or Arbitrary Executions
A Representative of Switzerland noted that the question of death penalty was an integral part of the mandate of the Special Rapporteur and that the death penalty violated the Covenant on Civil and Political Rights and the Convention on the Rights of the Child. The Representative asked whether the Commission could ask the International Criminal Court for an advisory opinion on safeguards and restrictions on capital punishment
A Representative of Greece, speaking on behalf of the European Union, asked the Special Rapporteur to elaborate on the deteriorating security situation of journalists and on preventive measures and early warning mechanisms.
A Representative of Jamaica said his country was looking forward to receiving the report of the Special Rapporteur on her visit to Jamaica in order to be able to respond to the allegations she had made. The Representative expressed surprise at the Special Rapporteur’s allegation that extrajudicial killings took place in Jamaica, noting that Jamaica had not been provided with specific allegations of such cases. Jamaica could only emphasize that it had put in place measures to ensure accountability by police and security forces.
A Representative of Norway noted that the report of the Special Rapporteur highlighted the challenges faced by the Afghan authorities and the international community in dealing with human rights violations in Afghanistan. The Representative asked the Special Rapporteur to elaborate on the proposal to establish an international commission of enquiry to investigate human rights violations.
Concerning a question by the Democratic Republic of the Congo on how to put an end to impunity in the country, the Special Rapporteur noted that her mission had looked at only one specific incident. The Special Rapporteur could not travel around country and was therefore unable to see all sensitive areas and conceptualize the complexity of the situation in the entire territory. The Special Rapporteur felt that the issue could not be dealt with without deeper consultations and cooperation with other mechanisms. The Special Rapporteur had carried out consultations with the Special Rapporteur on the human rights situation in the Democratic Republic of the Congo, noting that the issue of impunity fell within the mandate of that Special Rapporteur, who was studying the matter.
Concerning safeguards and restrictions on capital punishment, the Special Rapporteur said there were encouraging signs that Governments had been able have public opinion accept the imposition of safeguards on capital punishment. Some Governments needed time to build public opinion on the issue. It was important to have a consensus on the issue. Concerning the situation of journalists, the media was playing a greater role in terms of reporting and building awareness of the security situation of journalists. There were many reports of journalists who had been killed, and also of journalists who had been threatened and had not received any protection. Preventive action and early warning were interrelated. The Special Rapporteur had sent early warnings in some cases. However, there was no clear line of communications and it was not clear who had received the information. Concerning cases of extrajudicial killings in Jamaica, the Special Rapporteur noted that individual cases were communicated to the Government during the mission and were contained in a joint statement. Concerning an international commission of enquiry to Afghanistan, the Special Rapporteur noted that the proposal was supported by the National Human Rights Committee of Afghanistan, which wanted an international commission to take the lead. Security in the country would improve if the international community sent a strong message that impunity would not be tolerated.

Presentation of Report of Special Rapporteur on Independence of Judges and Lawyers
DATO' PARAM CUMARASWAMY, Special Rapporteur on the independence of judges and lawyers, said the main report together with its addendum detailed his activities for the year and provided information on issues related to the independence of judges and lawyers and related matters. In the past two years he had drawn the attention of the Commission to his work with the Group on Strengthening Judicial Integrity which had been actively involved in the drafting of a set of principles on judicial conduct to assist judiciaries in member States to address concerns of judicial accountability. He was pleased to present the Commission with the final product of this Group – the Bangalore Principles of Judicial Conduct. The principles set out in this document would go some way, when adopted, towards supporting the integrity of the judicial system.
In July of last year, he had undertaken a mission to Indonesia, where the Government had ratified a number of international human rights treaties in recent years. However, the lack of a culture of judicial independence had been noted with extreme concern. For some time, judicial power had been seen as an extension of executive power. This had resulted in the judiciary -- including the entire administration of justice -- plagued to a large extent by corrupt practices. Even though the Government had embarked on a number of judicial and legal reform programmes since 1999, progress was slow.
On a mission to Saudi Arabia – the first visit ever agreed to by the Government involving a Special Rapporteur – Mr. Cumaraswamy said everyone he had met had been open and cooperative, had expressed a desire for change, and had wanted the country to play an active role in the international community. Among his recommendations, the Special Rapporteur said, were that Government encourage women to practice law and that the Government ensure the appointment of women judges. A visit to Italy had been undertaken as a result of continued tension between Magistrates and the Government. The administration of justice in Italy had been plagued by the cumbersome and lengthy procedures resulting in undue delays in the disposal of cases, both civil and criminal. The system required urgent reform. A casualty of the continued tension was much needed urgent reform of the system, but every reform affecting the administration of justice was perceived with suspicion. Other situations referred to in the report were those of grave concern in Zimbabwe, Swaziland, Northern Ireland, and the worrisome situation existing as a result of the United States' detention of terrorism suspects at Guantanamo Bay.
Representatives of Saudi Arabia, Indonesia and Italy spoke as countries concerned in the report.

Responses of Countries Concerned
ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) said his Government had taken, and continued to take, steps to guarantee the independence of the judiciary and the proper administration of justice in accordance with the practical applications of the provisions of the Islamic Shari'a. The process of registering lawyers was being speeded up by the competent commission in the Ministry of Justice without compromising the integrity of the profession. A large number of women were being encouraged to practice law. The education and training system for judges, public prosecutors and lawyers was constantly being enhanced through the organization of intensive courses and the promotion of comparative studies. A Royal Decree had been promulgated under the terms of which consideration was being given to including compulsory courses on international human rights law in university curricula.
The Rapporteur's recommendations on criminal procedure had been carefully studied by the Ministry of Justice and had been incorporated into the draft implementing regulations of the Code of Criminal Procedure. Notwithstanding the Government's appreciation of the Special Rapporteur's endeavours, it should be noted that there were some points on which there seemed to be a certain amount of confusion or imprecision. That was possibly a result of the short duration of the visit or a lack of sufficient information or clarification.
DJISMUN KASRI (Indonesia) said the tendency of the report of the Special Rapporteur was to make grossly exaggerated judgments. While some of the Special Rapporteur’s observations might be relevant, others needed to be clarified and rectified. Since 1998, the Indonesian Government, Parliament and judiciary had embarked on a number of judicial and legal reforms aimed at strengthening the judiciary and combating corrupt practices. The pace of technical implementation of this process might have been slower than expected. However, when the Special Rapporteur stated that there was no apparent interrelationship between the various steps taken to reform the judiciary or that these steps had not been translated into visible reality, Indonesia felt compelled to object.
In addition to the judicial and disciplinary procedures, the accountability of the judiciary was kept under the watchful eye of a very free and outspoken press which was always quick to report on any irregularities. Likewise, the National Ombudsman Commission and a number of NGOs also intensively monitored the work of the judiciary. In December 2002, a law establishing an Anti-Corruption Commission was adopted. The image of the judiciary might have been tainted by allegations of corruption against some judges who had been dealing with high-profile cases that were certain to receive extensive press coverage. However, the assessment of the Special Rapporteur on this issue seemed to have been overtly influenced by such extensive media coverage.
ALESSANDRO FALLAVOLLITA (Italy), speaking as a concerned country, thanked the Special Rapporteur for his comprehensive report and said the two visits to Italy had taken place in an atmosphere of trust and transparency. The Italian authorities had also provided supplementary information on certain issues, as requested by the Special Rapporteur. This attitude was coherent with Italy’s historical role in the development of the international judicial culture based on full respect for legality and the rule of law.
The Italian Government, however, did not agree that the independence of the judiciary in Italy was a matter concern. Nevertheless, the recommendations made by the Special Rapporteur had been considered, particularly the recommendations referring to the disproportionate length of trials in Italy. The Government was aware of this problem and would take these recommendations into account. On remaining issues, particularly issues relating to statements made about the relationship between the Magistrates and the Government, a document had been submitted to the Office of the High Commissioner containing all of the replies of the Italian Government.

Interactive Dialogue on Independence of Judges and Lawyers
A Representative of Greece, speaking on behalf of the European Union, asked about a manual on training and education of law-enforced agents. What mechanism could be used in the implementation of the principles of judges and lawyers at the national level? What should be the main mandate of the Rapporteur?
A Representative of the Cuba asked about mechanisms and jurisdictions in the implementation of the principles of the independence of the judiciary.
Responding, Mr. Cumaraswamy said he was ready to discuss matters further with the Indonesian authorities, even by going to the capital city if he was invited by the Government.
Concerning the manual, it was detailed and comprehensive and would be useful for education and training. Another manual would also be under preparation on how to investigate crimes by investigative judges and prosecutors. The Bangalore Principles should be adopted by all judges, Mr. Cumaraswamy said. What one really needed of the principles was to push for their implementation.

General Debate on Civil and Political Rights
SHAUKAT UMER (Pakistan) said the protection of political and civil rights was a Constitutional obligation in Pakistan. The Constitution prohibited any act that could be detrimental to the life, liberty, property or reputation of any person. It was the final guarantor of basic freedoms. The realization of these rights by the citizenry had been facilitated by the promulgation of far-reaching legislation and the establishment of relevant institutions during the past few years.
Among the measures taken were the introduction of fully representative local governance, the lowering of the voting age from 21 to 18 years, the abolition of separate electorates for minorities, the promulgation of a juvenile justice system ordinance, the ratification of International Labour Office (ILO) Convention 102 on the worst forms of child labour and of Convention 100 on equal wages for male and female workers, the establishment of district monitoring committees to eliminate the evil of child and bonded labour, and the promulgation of a Police Order to inculcate greater accountability by the law enforcement machinery.
MANUEL A. GONZÁLEZ-SANZ (Costa Rica), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), said once again it was necessary to refer to the terrible practice of enforced disappearances. It was important to move forward in creating a binding international instrument on enforced disappearances. The preliminary conclusions of the Chairperson of the Working Group on this issue would serve as important guidelines in the drawing up of a legally binding instrument on enforced disappearances. GRULAC agreed with the Chairperson of the Working Group that a consultative meeting of one week must be held before the second meeting of the Working Group.
No country could claim to be totally free of enforced disappearances or other human rights violations. In this connection, GRULAC thanked the High Commissioner for Human Rights for the important support already given to the Working Group and urged him to give further momentum to its important work. In conclusion, it was stressed that it was not enough to punish the perpetrators of enforced disappearances. One must also focus further attention to the family members of victims.
JULIO DUARTE VAN HUMBECK (Paraguay), speaking on behalf of MERCOSUR (representing Argentina, Brazil, Uruguay and Paraguay), Bolivia and Chile, said democracy based on the rule of law represented a system that would guarantee the human rights and fundamental freedoms of citizens. The implementation of civil and political rights was always accompanied by a progressive realization of economic, social and cultural rights. In recent years the democracies of the region had been faced with difficulties of a political, economic and social nature. However, these countries had been strengthening their democratic institutions by modernizing electoral systems as well as by promoting the participation of citizens in the decision-making process.
In keeping with conviction that democracy was the unique form of government for guaranteeing the fundamental freedoms of their peoples, the countries of the region had established mechanisms to effectively protect and promote democracy. The States of MERCOSUR, Bolivia and Chile had adopted in 1998 a "Democratic Clause" which was stipulated in the Ushuaia Protocol of the Treaty of Asuncion. That sub-regional initiative had been taken to strengthen the Inter-American Democratic Charter.
NORMA NASCIMBENE DE DUMONT (Argentina) saidArgentina had actively participated in the first session of working group to draft an international instrument against enforced disappearances. Argentina hoped that the momentum given to the Working Group by the Chairperson would enable it shortly to conclude the drafting an international instrument to fight enforced disappearances.
Argentina further noted that the reports of the Special Rapporteurs on torture, extrajudicial, summary or arbitrary executions, freedom of opinion and expression and independence of judges were supplemented by addenda that did not include replies by Argentina. Consequently, the high-level of cooperation of Argentina with the Commission was not accurately reflected. Argentina reiterated that it had extended invitation to all the special mechanisms of the Commission, demonstrating the importance it gave to cooperation with the Commission.

Right of Reply
A Representative of the United States offered a few comments to statements made by the Special Rapporteur on the independence of the judiciary in the United States. The Special Rapporteur contended that the US denied the principles of due process to detainees held as a result of the 11 September 2001 terrorist attacks. The Special Rapporteur had raised concern about the detention of some detainees at Guantanamo Bay. However, bearing in mind the scope of his mandate – the independence of the judiciary – the decision referred to on March 12 in actuality illustrated the independence of the judiciary in the United States. The United States was committed to advancing human rights, and its detainee policy was no exception to that rule. All detainees had been treated consistently with applicable United States law and international law, as well as according to basic standards of human decency. The detainees were, however, enemy combatants, not criminals awaiting trial.



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