Committee hears reports by Rapporteurs on follow-up to concluding observations and to individual communications

Human Rights Committee 
24 July 2012

The Human Rights Committee held a meeting this morning to hear the progress report of the Rapporteur on follow-up to concluding observations and of the Rapporteur on follow-up to individual communications.

Christine Chanet, Rapporteur on follow-up to concluding observations, said that due to stretched resources, particularly for the translation of documents, she proposed that the Committee reduce the three annual reports the Committee currently received on the subject to two, submitted in March and October, with the latter being the complete annual report.  However, for situations where States required an urgent decision by the Committee, an exception would be made, for example on Togo and Israel, the States parties to be discussed today.  Ms. Chanet and Committee Vice-Chairperson Michael O’Flaherty then reported in detail on the implementation of the Committee’s concluding observations and recommendations by Togo and Israel respectively.

Krister Thelin, Rapporteur on follow-up to individual communications, talked the Committee through the status of consideration of individual communications against Australia, Azerbaijan, Canada, Cameroon, Colombia, France, Kyrgyzstan, Latvia, Netherlands, Nepal, Peru, Philippines, Portugal, Russia, Spain, Sweden, Ukraine and Uruguay. 

On Thursday 26 July at 1.30 p.m. the Committee will hold a press conference at the Palais des Nations.  The Committee will subsequently hold a public meeting at 3 p.m. on Friday 27 July, at Palais Wilson, when it will close its one hundred and fifth session and issue concluding observations and recommendations on country reports reviewed.

Address by Rapporteur on follow-up to concluding observations

CHRISTINE CHANET, Rapporteur on follow-up to concluding observations, said that due to stretched resources, particularly for the translation of documents, which often took over two months per document, she proposed that the Committee reduce the three annual reports the Committee currently received on the subject to two.  She proposed submitting two reports per year, in March and October, with the latter being the complete report.  However, for situations where States required an urgent decision by the Committee, an exception would be made, for example on Togo and Israel, the States parties to be discussed today. 

Togo

Ms. Chanet said the fourth periodic report of Togo (CCPR/C/TGO/4) was examined in March 2011.

With regard to paragraph 10 of the Committee’s Concluding Observations and Recommendations for the fourth periodic report of Togo (CCPR/C/TGO/CO/4), the Committee recommended that the Government combat impunity, and continue efforts to conclude the work of the Truth, Justice and Reconciliation Commission to an early conclusion.  Independent and impartial investigations must also be conducted in order to shed light on the human rights violations committed in 2005 and prosecute those responsible.  In that connection the Committee emphasized that the establishment of a transnational system of justice could not serve to dispense with the criminal prosecution of serious human rights violations. 

The Committee evaluated that the Truth, Justice and Reconciliation Commission had completed its work, but its recommendations had not yet been put into effect.  Ms. Chanet confirmed that no information had been provided on investigations aimed at shedding light on the human rights violations committed in 2005, and that recommendation had therefore not been acted upon. 

With regard to paragraph 15 of the Concluding Observations (CCPR/C/TGO/CO/4), the Committee recommended that Togo adopt criminal legislation that defined and criminalized torture and outlined penalties commensurate with its gravity.  The Committee evaluated that the State party should be requested to provide updated information on progress made towards the adoption of the draft revised versions of legislation dealing with torture and on steps taken to ensure prosecution and appropriate penalization of any act of torture. 

The most sensitive follow-up issue, said the Rapporteur, was paragraph 15 of the Concluding Observations (CCPR/C/TGO/CO/4) in which the Committee recommended that the State party investigate all allegations of torture and all deaths in detention, bring all perpetrators to justice and provide effective compensation to victims. 

The State party consequently instructed its National Human Rights Commission to conduct an inquiry into allegations of torture against the National Intelligence Agency, which resulted in a report issued on 27 February 2012.  However non-governmental organizations reported that the Government had attempted to manipulate the contents of the report in order to exculpate the State.  The Commission found that members of the National Intelligence Agency had conducted acts of torture, but to date no further inquiry had been opened.  Subsequently the President of the Human Rights Commission and the author of the report had to leave Togo and was currently living in Paris, France, which made the situation rather urgent. 

The Rapporteur said that in view of the scandal caused by the falsification of the report and the exile of its author she should meet with Togo’s Permanent Representative to the United Nations Office at Geneva during the October session, and also that the Committee should send a letter to the State party reflecting its analysis.

In an ensuing discussion a Committee member commented on the importance of balancing the State party’s claims with those stemming from non-governmental organizations.   

Israel

MICHAEL O’FLAHERTY, Vice-Chairperson of the Committee, said the Committee reviewed the third periodic report of Israel (CCPR/C/ISR/3) in July 2010. 

With regard to paragraph 8 of the Committee’s Concluding Observations and Recommendations for the third periodic report of Israel (CCPR/C/ISR/CO/3) the Committee said that Israel should lift its military blockade of the Gaza Strip, insofar as it adversely affected the civilian population, and that Israel should invite an independent, international fact-finding mission to establish the circumstances of the boarding of the flotilla.  The State party had replied in detail and highlighted actions it had taken, including the approval and coordination to bring in medical equipment and medications, and an offer to the Palestinian Authority to help improve health infrastructure in the Gaza Strip.  Three non-governmental organizations submitted information. 

The Committee evaluated that the State party’s actions had not implemented the recommendation and that it had made no reference to lift the military blockade of the Gaza Strip.  It further concluded that the Turkel Commission established by Israel to examine the flotilla incident did not answer to the recommendation for an international mission. 

With regard to paragraph 11 of the Concluding Observations (CCPR/C/ISR/CO/3) the Committee recommended that the State party incorporate into its legislation the crime of torture, remove the notion of “necessity” as a justification for the crime of torture and examine all allegations of torture, cruel, inhuman or degrading treatment. 

The Committee evaluated that the State party had not provided any information on new measures to incorporate the crime of torture into its legislation or on the removal of the notion of “necessity”.  Nor had the State party described any concrete measures to make the examination of allegations of torture compliant with the Istanbul Protocol, with the possible exception of the planned move of the Inspector to the Ministry of Justice, which had yet to take place. 

With regard to paragraph 22 of the Concluding Observations (CCPR/C/ISR/CO/3) the Committee recommended that the State party should ensure that children were not tried as adults, should refrain from holding criminal proceedings against children in military courts, inform parents or close relatives of where their child was detained and ensure that reports of torture or cruel, inhuman or degrading punishment of detained children were promptly investigated by an independent body.

The Committee evaluated that apart from the separation of adults and children in the courtroom following establishment of a juvenile military court, no information had been provided on other measures to ensure that minors were not tried as adults.  The application of the separation was questioned by non-governmental organization reports.  Information had been provided on existing legal provisions related to the notification of parents, but those provisions had widely applicable exceptions.  No information had been provided on measures to prevent and investigate acts of torture on children. 

With regard to paragraph 24 of the Concluding Observations (CCPR/C/ISR/CO/3) the Committee recommended that the State party respect the Bedouin population’s right to their ancestral land and their traditional livelihood based on agriculture in the Negev area; and that the State party should also guarantee the Bedouin population’s access to health structures, education, water and electricity, irrespective of their whereabouts on the territory of the State party. 

The Committee evaluated that apart from including Bedouin members in the Goldberg Committee, no measures were reflected that ensured the respect of their right to their ancestral land and their traditional livelihood based on agriculture and to take into account the interests of the Bedouin.  The measures taken did not guarantee the Bedouin population’s access to health, education, water and electricity. 

Mr. O’Flaherty recommended that the Committee send a letter to the State party reflecting its analysis and that the requested information should be provided as an addendum to the State party’s next periodic report. 

In an ensuring dialogue a Committee member agreed that a letter should be sent to the State party as soon as possible, but preferred that the requested information be contained in the report itself and not just in its addendum.  Mr. O’Flaherty said as the Committee was using a brand new follow-up procedure they were finding their way step-by-step, and agreed that a complete list of issues prior to reporting should include pending questions from previous concluding recommendations.

Presentation of the Follow-Up Progress Report on Individual Communications

KRISTER THELIN, Rapporteur on follow-up to individual communications, said he regretted that for various reasons the United Nations had not been able to produce a hard copy of an annual report adopted by the Committee in March, more than four months ago, and would like to put on the record that he considered that deplorable.  He then talked the Committee through a detailed update on individual cases concerning States parties and progress made so far.

The Special Rapporteur reported on the status of pending cases in Australia, Azerbaijan, Canada, Cameroon, Colombia, France, Kyrgyzstan, Latvia, Netherlands, Nepal, Peru, Philippines, Portugal, Russia, Spain, Ukraine and Uruguay.  A member of the Committee secretariat presented a case concerning Sweden, in order to preserve the impartiality of Mr. Thelin, who is Swedish. 

There were no comments or questions from Committee members following the Rapporteur’s presentation.

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For use of the information media; not an official record