A/50/40
A/50/40
United Nations
Report of the
Human Rights Committee
Volume I
General Assembly
Official Records • Fiftieth Session
Supplement No. 40 (A/50/40)
A/50/40
Report of the
Human Rights Committee
Volume I
General Assembly
Official Records • Fiftieth Session
Supplement No. 40 (A/50/40)
United Nations • New York, 1996
NOTE
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
ISSN 0255-2353
[Original: English]
[4 February 1996]
CONTENTS
Chapter Paragraphs Page
I. ORGANIZATIONAL AND OTHER MATTERS ......................1 - 27 1
A. States parties to the Covenant .................... 1 - 4 1
B. Sessions and agenda ............................... 5 1
C. Election, membership and attendance ............... 6 - 7 1
D. Solemn declaration ................................ 8 2
E. Election of officers ..............................9 - 10 2
F. Working groups ....................................11 - 13 2
G. Other matters .....................................14 - 18 3
H. Staff resources ................................... 19 4
I. Publicity for the work of the Committee ........... 20 5
J. Publications relating to the work of the Committee 21 - 24 5
K. Facilities ........................................ 25 5
L. Future meetings of the Committee .................. 26 5
M. Adoption of the report ............................ 27 6
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
SESSION AND BY THE COMMISSION ON HUMAN RIGHTS AT ITS
FIFTY-FIRST SESSION ...................................28 - 34 7
III. METHODS OF WORK OF THE COMMITTEE UNDER ARTICLE 40 OF
THE COVENANT: OVERVIEW OF PRESENT WORKING METHODS ....35 - 45 9
A. The Committee's procedures in dealing with
emergency situations and in cases of reports that
have been overdue for a very long period ..........36 - 39 9
B. Participation by the specialized agencies and other
United Nations organs in the Committee's work .....40 - 42 9
C. Equality and human rights of women ................43 - 45 10
CONTENTS (continued)
Chapter Paragraphs Page
IV. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 40 OF THE COVENANT ............................46 - 56 12
A. Reports submitted by States parties under
article 40 of the Covenant during the period
under review ......................................49 - 54 12
B. Special decisions by the Human Rights Committee
concerning reports of particular States ........... 55 14
C. Reports submitted by States parties in accordance
with a special decision of the Human Rights
Committee ......................................... 56 14
V. STATES THAT HAVE NOT COMPLIED WITH THEIR OBLIGATIONS
UNDER ARTICLE 40 ......................................57 - 58 15
VI. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 40 OF THE COVENANT ......................59 - 476 17
A. Nepal .............................................60 - 78 17
B. Tunisia ...........................................79 - 98 20
C. Morocco ...........................................99 - 122 23
D. Libyan Arab Jamahiriya ............................123 - 143 27
E. Argentina .........................................144 - 165 30
F. New Zealand .......................................166 - 191 33
G. Paraguay ..........................................192 - 223 36
H. Haiti .............................................224 - 241 40
I. Yemen .............................................242 - 265 43
J. United States of America ..........................266 - 304 46
K. Ukraine ...........................................305 - 333 51
L. Latvia ............................................334 - 361 56
M. Russian Federation ................................362 - 407 60
N. United Kingdom of Great Britain and
Northern Ireland ..................................408 - 435 66
O. Sri Lanka .........................................436 - 476 70
VII. GENERAL COMMENTS OF THE COMMITTEE .....................477 - 481 76
CONTENTS (continued)
Chapter Paragraphs Page
VIII. CONSIDERATION OF COMMUNICATIONS UNDER THE OPTIONAL
PROTOCOL ..............................................482 - 543 77
A. Progress of work ..................................484 - 490 77
B. Growth of the Committee's caseload under the
Optional Protocol ................................. 491 78
C. Approaches to examining communications under the
Optional Protocol .................................492 - 494 79
D. Individual opinions ...............................495 - 496 79
E. Issues considered by the Committee ................497 - 541 80
F. Remedies called for under the Committee's Views ... 542 90
G. Non-cooperation by States parties ................. 543 90
IX. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL ......544 - 565 91
Annexes
I. States parties to the International Covenant on Civil and Political
Rights and to the Optional Protocols and States which have made the
declaration under article 41 of the Covenant as at 28 July 1995 ... 99
A. States parties to the International Covenant on Civil and
Political Rights .............................................. 99
B. States parties to the Optional Protocol ....................... 102
C. Status of the Second Optional Protocol aiming at the abolition
of the death penalty .......................................... 105
D. States which have made the declaration under article 41 of
the Covenant .................................................. 106
II. Members and officers of the Human Rights Committee (1995-1996) .... 108
A. Membership .................................................... 108
B. Officers ...................................................... 108
III. Submission of reports and additional information by States parties
under article 40 of the Covenant during the period under review ... 109
IV. Status of reports considered during the period under review and
of reports still pending before the Committee ..................... 116
CONTENTS (continued)
Page
V. General comments adopted under article 40, paragraph 4, of the
International Covenant on Civil and Political Rights .............. 119
General comment No. 24 (52) on issues relating to reservations
made upon ratification or accession to the Covenant or the
Optional Protocols thereto, or in relation to declarations under
article 41 of the Covenant ........................................ 119
VI. Observations of States parties under article 40, paragraph 5, of
the Covenant ...................................................... 126
A. United States of America ...................................... 126
B. United Kingdom of Great Britain and Northern Ireland .......... 130
VII. Revised guidelines regarding the form and contents of reports
from States parties ............................................... 135
A. Guidelines regarding the form and contents of reports from
States parties under article 40 (1) (a) of the Covenant ....... 135
B. General guidelines regarding the form and contents of
periodic reports from States parties .......................... 136
VIII. Letter dated 13 July 1995 from the Chairman of the Committee to the
Permanent Representative of the Federal Republic of Yugoslavia to
the United Nations Office at Geneva ............................... 139
IX. List of States parties' delegations that participated in
consideration of their respective reports by the Human Rights
Committee at its fifty-second, fifty-third and fifty-fourth
sessions .......................................................... 140
X. Observations of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol relating to the International
Covenant on Civil and Political Rights
........................... 147
A. Communication No. 386/1989; Famara Koné v. Senegal
(Views adopted on 21 October 1994, fifty-second session)
B. Communication No. 400/1990; Darwinia R. Mónaco de Gallichio
v. Argentina
(Views adopted on 3 April 1995, fifty-third session)
C. Communication No. 447/1991; Leroy Shalto v. Trinidad and Tobago
(Views adopted on 4 April 1995, fifty-third session)
CONTENTS (continued)
Page
D. Communication No. 453/1991; A. R. and M. A. R. Coeriel v.
the Netherlands
(Views adopted on 31 October 1994, fifty-second session)
Appendix
E. Communication Nos. 464/1991 and 482/1991; G. Peart and
A. Peart v. Jamaica
(Views adopted on 19 July 1995, fifty-fourth session)
F. Communication No. 473/1991; Isadora Barroso v. Panama
(Views adopted on 19 July 1995, fifty-fourth session)
G. Communication No. 493/1992; Gerald J. Griffin v. Spain
(Views adopted on 4 April 1995, fifty-third session)
H. Communication No. 500/1992; Joszef Debreczeny v.
the Netherlands
(Views adopted on 3 April 1995, fifty-third session)
I. Communication No. 511/1992; Limari Länsman et al. v. Finland
(Views adopted on 26 October 1994, fifty-second session)
J. Communication No. 514/1992; Sandra Fei v. Colombia
(Views adopted on 4 April 1995, fifty-third session)
K. Communication No. 516/1992; Alina Simunek et al. v. the
Czech Republic
(Views adopted on 19 July 1995, fifty-fourth session)
L. Communication No. 518/1992; Jong-Kyu Sohn v. the Republic
of Korea
(Views adopted on 19 July 1995, fifty-fourth session)
M. Communication No. 539/1993; Keith Cox v. Canada
(Views adopted on 31 October 1994, fifty-second session)
Appendix
N. Communication No. 606/1994; Clement Francis v. Jamaica
(Views adopted on 25 July 1995, fifty-fourth session)
XI. Decisions of the Human Rights Committee declaring communications
inadmissible under the Optional Protocol relating to the
International Covenant on Civil and Political Rights
............. 148
A. Communication No. 437/1990; B. Colamarco Patiño v. Panama
(decision of 21 October 1994, fifty-second session)
B. Communication No. 438/1990; Enrique Thompson v. Panama
(decision adopted on 21 October 1994, fifty-second session)
CONTENTS (continued)
Page
C. Communication No. 460/1991; T. Omar Simons v. Panama
(decision of 25 October 1994, fifty-second session)
D. Communication No. 494/1992; Lloyd Rogers v. Jamaica
(decision of 4 April 1995, fifty-third session)
E. Communication No. 515/1992; Peter Holder v. Trinidad and Tobago
(decision adopted on 19 July 1995, fifty-fourth session)
F. Communication No. 525/1992; Pierre Gire v. France
(decision adopted on 28 March 1995, fifty-third session)
G. Communication No. 536/1993; Francis P. Perera v. Australia
(decision adopted on 28 March 1995, fifty-third session)
H. Communication No. 541/1993; Errol Simms v. Jamaica
(decision adopted on 3 April 1995, fifty-third session)
I. Communication No. 553/1993; Michael Bullock v.
Trinidad and Tobago
(decision adopted on 19 July 1995, fifty-fourth session)
J. Communication Nos. 575 and 576/1994; Lincoln Guerra and
Brian Wallen v. Trinidad and Tobago
(decision adopted on 4 April 1995, fifty-third session)
K. Communication No. 578/1994; Leonardus J. de Groot v.
the Netherlands
(decision adopted on 14 July 1995, fifty-fourth session)
L. Communication No. 583/1994; Ronald H. van der Houwen v.
the Netherlands
(decision adopted on 14 July 1995, fifty-fourth session)
XII. List of documents issued during the reporting period .............. 149
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Covenant
1. As at 28 July 1995, the closing date of the fifty-fourth session of the Human Rights Committee, 131 States had ratified or acceded or said they would accede to the International Covenant on Civil and Political Rights and 94 States had ratified or acceded or said they would accede to the Optional Protocol to the Covenant. Both instruments were adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966. They entered into force on 23 March 1976 in accordance with the provisions of their articles 49 and 9, respectively. Also as at 28 July 1995, 44 States had made the declaration envisaged under article 41, paragraph 1, of the Covenant, which came into force on 28 March 1979.
2. The second Optional Protocol, aiming at the abolition of the death penalty, which was adopted and opened for signature, ratification or accession by the General Assembly in resolution 44/128 of 15 December 1989, entered into force on 11 July 1991 in accordance with the provisions of its article 8. As at 28 July 1995, there were 28 States parties to the second Optional Protocol.
3. A list of States parties to the Covenant and to the Optional Protocols, with an indication of those which have made the declaration under article 41, paragraph 1, of the Covenant, is contained in annex I to the present report.
4. Reservations and other declarations made by a number of States parties in respect of the Covenant or the Optional Protocols are set out in document CCPR/C/2/Rev.4 and in notifications deposited with the Secretary-General.
B. Sessions and agenda
5. The Human Rights Committee has held three sessions since the adoption of its previous annual report. The fifty-second session (1358th to 1386th meetings) was held at the United Nations Office at Geneva from 17 October to 4 November 1994, the fifty-third session (1387th to 1415th meetings) at United Nations Headquarters from 20 March to 7 April 1995 and the fifty-fourth session (1416th to 1444th meetings) at the United Nations Office at Geneva from 3 to 28 July 1995.
C. Election, membership and attendance
6. At the fourteenth meeting of States parties, held at United Nations Headquarters on 8 September 1994, nine members of the Committee were elected, in accordance with articles 28 to 32 of the Covenant, to fill the vacancies resulting from the termination of some terms of office on 31 December 1994. Mr. Prafullachandra Natwarlal Baghwati, Mr. Thomas Buergenthal, Mr. Eckart Klein, Mr. David Kretzmer and Mrs. Cecilia Médina Quiroga were elected for the first time. Mr. Nisuke Ando, Mrs. Christine Chanet, Mr. Omran El Shafei and Mr. Julio Prado Vallejo were re-elected. A list of the members of the Committee appears in annex II to the present report.
7. All the members of the Committee participated in the fifty-second session. Mr. Rajsoomer Lallah attended only part of that session. Mrs. Chanet did not attend the fifty-third session. Mr. Tamás Bán and Mr. Baghwati attended only part of that session. Mrs. Rosalyn Higgins attended only part of the fifty-fourth session.
D. Solemn declaration
8. At the 1387th, 1397th and 1416th meetings of the Committee (fifty-third and fifty-fourth sessions), the members of the Committee who had been elected or re-elected at the fourteenth meeting of States parties to the Covenant made a solemn declaration in accordance with article 38 of the Covenant before assuming their functions.
E. Election of officers
9. At the 1387th and 1399th meetings of the Committee (fifty-third session), held on 20 and 28 March 1995, the Committee elected its officers for a term of two years, in accordance with article 39, paragraph 1, of the Covenant: they are listed in annex II.
10. The Committee expressed its sincerest appreciation to Mr. Nisuke Ando, the outgoing Chairman, for the contribution which he had made to the success of the Committee's work by presiding over it so competently.
F. Working groups
11. In accordance with rules 62 and 89 of its rules of procedure, the Committee established working groups which were to meet before its fifty-second, fifty-third and fifty-fourth sessions.
12. The working group established under rule 89 was entrusted with the task of making recommendations to the Committee regarding communications received under the Optional Protocol. At the fifty-second session, the working group was composed of Mr. Bán and Mr. El Shafei, Ms. Elizabeth Evatt, Mr. Andreas V. Mavrommatis and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 10 to 14 October 1994 and elected Mr. Mavrommatis as its Chairperson/Rapporteur. At the fifty-third session, the working group was composed of Mr. Ando, Mr. Laurel Francis, Mrs. Higgins, Mr. Mavrommatis and Mr. Prado Vallejo. It met at United Nations Headquarters from 13 to 17 March 1995 and elected Mrs. Higgins as its Chairperson/Rapporteur. At the fifty-fourth session, the working group was composed of Mr. Baghwati, Mr. El Shafei, Mr. Mavrommatis, Mr. Fausto Pocar and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 3 to 7 July 1995 and elected Mr. Pocar as its Chairperson/Rapporteur.
13. The working group established under rule 62 was mandated to prepare concise lists of issues concerning the second, third and fourth periodic reports to be considered by the Committee at its fifty-second, fifty-third and fifty-fourth sessions. At the fifty-second session, the working group was composed of Mr. Francisco José Aguilar Urbina, Mr. Vojin Dimitrijevic, Mr. Waleed Sadi and Mr. Francis. It met at the United Nations Office at Geneva from 10 to 14 October 1994 and elected Mr. Aguilar Urbina as its Chairperson/Rapporteur. It had the task of studying the Committee's methods of work as well as a draft general comment on issues relating to reservations made by States parties upon ratification of or accession to the Covenant or the Optional Protocols thereto or in relation to declarations made under article 41 of the Covenant. The members of the working group also held a joint meeting with the members of the working group established under the note relating to questions related to the structure of annual reports and the procedure to be followed by the Committee in response to emergency situations. At the fifty-third session, it was composed of Mr. Bán, Mr. Marco Tulio Bruni Celli, Ms. Evatt and Mr. Lallah; it met at United Nations Headquarters from 13 to 17 March 1995 and elected Mr. Bán as its Chairperson/Rapporteur. It had the task of studying a draft general comment on article 25 and of considering the Committee's methods of work. In addition, pursuant to a decision taken at the Committee's 1384th meeting (fifty-second session) (see paras. 40 and 41), the working group held a closed meeting on 13 March with representatives of specialized agencies in order to obtain advance information on reports to be considered at the fifty-third session; the meeting was attended by representatives of the International Labour Office, the Office of the United Nations High Commissioner for Refugees (UNHCR) and the World Health Organization (WHO). At the fifty-fourth session, the working group was composed of Mr. Aguilar Urbina, Mr. Francis, Mr. Klein and Mrs. Médina Quiroga. It met at the United Nations Office at Geneva from 3 to 7 July 1995 and elected Mr. Klein as its Chairperson/Rapporteur. It had the task of studying the Committee's methods of work and of considering general comments already adopted in the past in order to determine which of them warranted updating. Pursuant to a decision taken at the 1384th meeting (fifty-second session), the working group held a meeting on 3 July with representatives of the International Labour Office, UNHCR and WHO in order to obtain advance information on reports to be considered by the Committee at its fifty-fourth session.
G. Other matters
1. Fifty-second session
14. The Assistant Secretary-General for Human Rights referred to the aim of treaty universalization, as established by the Declaration and Programme of Action adopted by the World Conference on Human Rights held at Vienna, and emphasized that the Secretary-General had addressed a request to Heads of State and Government calling for the universal ratification of the principal human rights instruments and, in particular, the Covenant and its two Optional Protocols. In his report on the work of the Organization, the Secretary-General had called for better synergy between the work of the treaty bodies and the programme of advisory services and technical assistance of the Centre for Human Rights. The members of the Committee were also informed of the work of the fifth meeting of persons chairing the human rights treaty bodies held in September 1994, as well as the recent sessions of the Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination.
2. Fifty-third session
15. The Committee was informed by the representative of the Secretary-General of the recent activities of the General Assembly in regard to human rights, particularly its resolution 49/178 of 23 December 1994 concerning effective implementation of international instruments on human rights, in which the Assembly noted with appreciation the initiatives taken by treaty bodies in respect of urgent measures to prevent human rights violations. The Assembly also urged them to amend their reporting guidelines so as to request gender-specific information from States parties. The recommendation of the meeting of persons chairing the human rights treaty bodies that such meetings should in future be held on an annual basis was also endorsed by the Assembly. In addition, the members were informed of developments at the fifty-first session of the Commission on Human Rights and of the activities of the Committee on Economic, Social and Cultural Rights, the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women.
16. The United Nations High Commissioner for Human Rights stressed the importance he attached to the Committee's work and, in particular, emphasized the leading role it played in the human rights treaty system. Further efforts were, however, needed in order to publicize the results of its work more widely and bring them to the attention of the competent national authorities. At every one of his meetings with government representatives, he had systematically drawn their attention to the comments adopted by the Committee following its consideration of the reports of States parties. Although it was too early to draw any firm conclusions about that practice, he had been struck by the fact that Governments were extremely sensitive to the issues raised and had on the whole given assurances that they would take steps to apply the Committee's recommendations.
17. The High Commissioner also stressed the importance of the treaty system in the international protection of human rights, saying that an unprecedented meeting had just been held between the persons chairing human rights treaty bodies and the Secretary-General. That meeting, which the High Commissioner had made a point of attending in person, had been the result of an initiative taken at the most recent meeting of the persons chairing such bodies in September 1994. Among the subjects discussed had been the action taken by the different committees to prevent human rights violations, such as early warning measures and urgent procedures.
18. The Committee also had an exchange of correspondence with the Federal Republic of Yugoslavia (Serbia and Montenegro) concerning the submission of reports in conformity with the Covenant (see paras. 53 and 54 and annex VIII to the present report).
H. Staff resources
19. The greater complexity and more intensive pace of the Committee's operations, resulting from the increased number of States parties to the Covenant as well as from qualitative changes in the Committee's methods of work, have added significantly to the workload of the Secretariat in providing substantive servicing to the Committee in relation to the monitoring of States parties' reports. The number of communications submitted to the Committee under the Optional Protocol has also grown (see chap. VIII). The Committee noted that under the terms of article 36 of the Covenant the Secretary-General of the United Nations was to provide the necessary staff and facilities for the effective performance of the functions of the Committee under the Covenant. It accordingly requested the Secretary-General to take the necessary steps to ensure a substantial increase in the specialized staff assigned to service the Committee in relation both to the monitoring of States parties' reports and to consideration of communications submitted under the Optional Protocol.
I. Publicity for the work of the Committee
20. The Chairman gave press conferences at each of the Committee's three sessions. The Committee expressed the wish that the information services should be associated more closely with its work so as to give it greater publicity. The Committee noted with appreciation the great interest in its work taken by the non-governmental organizations and thanked them for the information provided.
J. Publications relating to the work of the Committee
21. The Committee noted that the Official Documents (Yearbooks) of the Human Rights Committee had been published until 1991. Given the resources on hand, the Committee said that publication of the Official Documents (Yearbooks) should be expedited in order to liquidate the backlog and eliminate the delay in issuing the French version.
22. The Committee once again urged that the work be speeded up for the purpose of publishing volume III of the selection of decisions taken under the Optional Protocol so as to reduce the backlog as soon as possible. In future, the selected decisions should be issued in a regular and timely fashion.
23. The Committee also insisted on the need for its annual report together with its annexes to be submitted to the General Assembly on time.
24. The Committee wishes to draw attention to the fact that it was deprived of summary records at its forty-ninth session for financial reasons, but that the Secretariat undertook to produce them from the recorded tapes, in English only.1 That has not yet been done, and the Committee therefore wishes to reiterate its request.
K. Facilities
25. The Committee expressed a wish for additional facilities to be made available during its sessions. It would like to have a room in which members could receive delegations, meet in informal groups, or work between meetings. In due course, all the documentation members of the Committee might need in preparing their work could be kept in the room in question, which could be used by other treaty bodies (see decision along those lines adopted at the most recent meeting of persons chairing human rights treaty bodies in September 1994 (see A/49/537, annex)).
L. Future meetings of the Committee
26. At its fifty-third session, the Committee confirmed the following schedule of meetings for 1996-1997: the fifty-sixth session will be held at United Nations Headquarters from 18 March to 5 April 1996, the fifty-seventh session at the United Nations Office at Geneva from 8 to 26 July 1996, the fifty-eighth session at the United Nations Office at Geneva from 21 October to 8 November 1996, the fifty-ninth session at United Nations Headquarters from 24 March to 11 April 1997, the sixtieth session at the United Nations Office at Geneva from 14 July to 1 August 1997 and the sixty-first session at the United Nations Office at Geneva from 20 October to 7 November 1997. In each case, the working groups of the Committee will meet during the week preceding the session.
M. Adoption of the report
27. At its 1443rd and 1444th meetings, on 27 and 28 July 1995, the Committee considered the draft of its nineteenth annual report, covering its activities at the fifty-second, fifty-third and fifty-fourth sessions, held in 1994 and 1995. The report, as amended in the course of the discussion, was adopted unanimously.
II. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
SESSION AND BY THE COMMISSION ON HUMAN RIGHTS AT
ITS FIFTY-FIRST SESSION
28. At its 1415th meeting, on 7 April 1995, the Committee considered the agenda item in the light of the relevant summary records of the Third Committee, General Assembly resolution 49/178, Commission on Human Rights resolutions 1995/18 and 1995/22 of 24 February 1995 and Commission on Human Rights decision 1995/110 of 3 March 1995.
29. The Committee noted that, in accordance with General Assembly resolution 45/175 of 18 December 1990, substantive resolutions on the human rights treaty bodies should be adopted every two years (in uneven years) and that, consequently, at its forty-ninth session, the Third Committee had limited itself to taking note of its report.
30. With reference to the discussion in the General Assembly relating to the effective implementation of international instruments on human rights, including reporting obligations under those instruments, and the effective functioning of the treaty bodies, the Committee noted with satisfaction that the Assembly had once again stressed the importance of compliance by States parties with their reporting obligations. The Committee took note of the importance attached by the Assembly to the final comments on the reports considered by the human rights treaty-monitoring bodies. The Committee noted that the conclusions and recommendations of the 5th meeting of persons chairing the human rights treaty bodies had been endorsed by the General Assembly, particularly the recommendation that their meetings should be held annually.
31. The Committee discussed the relevant resolutions adopted by the Commission on Human Rights at its fifty-first session. It wholeheartedly endorsed the resolution on succession of States in respect of international human rights treaties as well as that on the Covenants, in particular the recommendation that countries having difficulties in introducing changes in their legislation that might be necessary for the ratification of international instruments on human rights should be encouraged to request appropriate support from the Centre for Human Rights on advisory services and technical cooperation programmes, as well as the recommendation stressing the importance for States parties to observe the agreed conditions and procedure for derogation under article 4 of the International Covenant on Civil and Political Rights. The Committee noted with satisfaction the Commission's request that the recent periodic reports of States parties to the human rights treaty-monitoring bodies, the summary records of Committee discussions pertaining to them, and concluding observations and final comments of the treaty bodies should be made available to the United Nations information centres.
32. The Committee considered Commission on Human Rights decision 1995/110 on the right to a fair trial and noted that, as recommended by the Subcommission on Prevention of Discrimination and Protection of Minorities in its resolution 1994/35 of 26 August 1994, the Commission was considering the establishment of an open-ended working group to draft a third optional protocol to the International Covenant on Civil and Political Rights aiming at guaranteeing under all circumstances the right to a fair trial and to a remedy. In that regard, the Committee recalled that it had submitted its own recommendations to the Subcommission on Prevention of Discrimination and Protection of Minorities. In those recommendations, adopted at its 1314th meeting (fiftieth session), on 6 April 1994,2 the Committee had concluded that it was inadvisable to pursue the elaboration of a draft optional protocol to the Covenant with the aim of adding article 9, paragraphs 3 and 4, as well as article 14 to the list of non-derogable rights enumerated in article 4, paragraph 2, of the Covenant.
33. The Committee again noted that the purpose of the possible third optional protocol was to add article 9, paragraphs 3 and 4, and article 14 to the list of non-derogable provisions in article 4, paragraph 2, of the Covenant. Based on its experience derived from the consideration of States parties' reports submitted under article 40 of the Covenant, the Committee wishes to point out that, with respect to article 9, paragraphs 3 and 4, the issue of remedies available to individuals during states of emergency has often been discussed. The Committee is satisfied that States parties generally understand that the right to habeas corpus and amparo should not be limited in situations of emergency. Furthermore, the Committee is of the view that the remedies provided in article 9, paragraphs 3 and 4, read in conjunction with article 2, are inherent in the Covenant as a whole. Having this in mind, the Committee believes that there is a considerable risk that the proposed draft third optional protocol might implicitly invite States parties to feel free to derogate from the provisions of article 9 of the Covenant during states of emergency if they do not ratify the proposed optional protocol. Thus, the protocol might have the undesirable effect of diminishing the protection of detained persons during states of emergency.
34. The Committee is also o