General Documents Not Relating To Specific States - Annual and Sessional Reports - CCPR

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.

1. As at 26 July 1996, the closing date of the fifty-seventh session of the Human Rights Committee, 134 States had ratified or acceded or succeeded to the International Covenant on Civil and Political Rights and 88 States had ratified or acceded 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 26 July 1996, 45 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 26 July 1996, there were 29 States parties to the Second Optional Protocol.

3. The States parties to the Covenant and to the Optional Protocols and those that have made the declaration under article 41, paragraph 1, of the Covenant are listed in annex I to the present report.

4. Reservations and other declarations made by a number of States parties in respect of the Covenant and/or the Optional Protocols are set out in document CCPR/C/2/Rev.4 and in the notifications deposited with the Secretary-General. In a note dated 16 October 1995, the Swiss Government notified the Secretary-General of the withdrawal of its reservation concerning article 20, paragraph 2, of the Covenant.

5. The Human Rights Committee held three sessions after the adoption of its previous annual report in July 1995. The fifty-fifth session (1445th to 1473rd meetings) was held at the United Nations Office at Geneva from 16 October to 3 November 1995, the fifty-sixth session (1474th to 1501st meetings) at United Nations Headquarters from 18 March to 4 April 1996, and the fifty-seventh session (1502nd to 1530th meetings) at the United Nations Office at Geneva from 8 to 26 July 1996.

6. In a letter dated 28 July 1995, the Chairman informed the Secretary-General of the resignation of Mrs. Rosalyn Higgins with effect from 29 July 1996. Mrs. Higgins' mandate was due to expire on 31 December 1996. At its 1444th meeting (fifty-fourth session), held on 28 July 1995, the Committee expressed its warmest gratitude to Mrs. Higgins for her outstanding contribution to the Committee's work under article 40 of the Covenant and also under the Optional Protocol.

7. At the Fifteenth Meeting of the States Parties to the International Covenant on Civil and Political Rights, held at United Nations Headquarters on 16 January 1996, Lord Colville (United Kingdom of Great Britain and Northern Ireland) was elected to the seat left vacant following the resignation of Mrs. Higgins. A list of the members of the Committee and its officers appears in annex II to the present report.

8. All the members of the Committee participated in the fifty-fifth session. Mr. Nisuke Ando and Mr. David Kretzmer attended only part of the fifty-sixth session.

9. At the 1474th meeting of the Committee (fifty-sixth session), Lord Colville, who had been elected at the Fifteenth Meeting of the States Parties to the Covenant, made a solemn declaration in accordance with article 38 of the Covenant before assuming his functions.

10. In accordance with rules 62 and 89 of its rules of procedure, the Committee established working groups which were to meet before its fifty-fifth, fifty-sixth and fifty-seventh sessions.

11. 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-fifth session, the Working Group was composed of Mr. Tamás Bán, Mr. Prafullachandra Natwarlal Bhagwati, Mr. Thomas Buergenthal, Mrs. Elizabeth Evatt and Mr. Andreas Mavrommatis. It met at the United Nations Office at Geneva from 9 to 13 October 1995 and elected Mrs. Evatt as its Chairperson/Rapporteur. At the fifty-sixth session, the Working Group was composed of Mr. David Kretzmer, Mr. Rajsoomer Lallah, Mrs. Cecilia Medina Quiroga, Mr. Mavrommatis and Mr. Julio Prado Vallejo. It met at United Nations Headquarters from 11 to 15 March 1996 and elected Mr. Mavrommatis as its Chairperson/Rapporteur. At the fifty-seventh session, the Working Group was composed of Mr. Bán, Mr. Bhagwati, Mr. Marco Tulio Bruni Celli, Mr. Fausto Pocar and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 1 to 5 July 1996 and elected Mr. Pocar as its Chairperson/Rapporteur.

12. The working group established under rule 62 was mandated to prepare concise lists of issues concerning the initial and second, third and fourth periodic reports to be considered by the Committee. It was also mandated to study the Committee's working methods, and it systematically held discussions with representatives of the specialized agencies and subsidiary bodies, particularly the International Labour Office, the Office of the United Nations High Commissioner for Refugees, the World Health Organization and the United Nations Educational, Scientific and Cultural Organization, in order to obtain advance information on the reports to be considered by the Committee. To that same end, the Working Group, which met before the fifty-seventh session, met representatives of non-governmental organizations (Amnesty International, International Association against Torture, International Commission of Jurists, International Federation of Human Rights Leagues, World Organization against Torture and International Service for Human Rights) to consider various methods of cooperation. At the fifty-fifth session, the Working Group was composed of Mr. Francisco José Aguilar Urbina, Mr. Bán, Mrs. Evatt and Mr. Laurel Francis; it met at the United Nations Office at Geneva from 9 to 13 October 1995 and elected Mr. Aguilar Urbina as its Chairperson/Rapporteur. At the fifty-sixth session, it was composed of Mr. Nisuke Ando, Mr. Bruni Celli, Mrs. Christine Chanet and Mr. Omran El Shafei; it met at United Nations Headquarters from 11 to 15 March 1996 and elected Mr. Ando as its Chairperson/Rapporteur. At the fifty-seventh session, the Working Group was composed of Mr. Aguilar Urbina, Mrs. Evatt, Mr. Kretzmer and Mr. Francis; it met at the United Nations Office at Geneva from 1 to 5 July 1996 and elected Mrs. Evatt as its Chairperson/Rapporteur.

13. The United Nations High Commissioner for Human Rights informed the Committee of the financial difficulties with which the United Nations was faced and the repercussions that they would inevitably have on the Committee's work, particularly in regard to the translation, reproduction and distribution of documents. He referred to the Fourth World Conference on Women, held at Beijing from 4 to 15 September 1995, and reaffirmed the priority that he accorded to the full and complete realization, without discrimination, of the fundamental rights of women and to their integration in the principal activities of the United Nations system. He then presented the results of the sixth meeting of persons chairing human rights treaty bodies, which was held in September 1995, and also those of the recent sessions of the Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination.

14. 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 resolutions 50/170 and 50/171 of 22 December 1995, concerning the International Covenants on Human Rights and the effective implementation of international instruments on human rights. The members were also informed 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. The representative of the Secretary-General emphasized the financial difficulties that the Organization was still encountering and their impact on the Committee's work.

15. The United Nations High Commissioner for Human Rights gave some general information on plans for the reorganization of the Centre for Human Rights. He emphasized the consequences of the financial crisis of the Organization for the work of the Committee. He also reported on the activities of the Commission on Human Rights at its fifty-second session and mentioned the invitation extended to the Committee in resolution 1996/22, adopted by the Commission on 19 April 1996, to consider whether single comprehensive reports should be submitted.

16. The Committee authorized its representative at the seventh meeting of persons chairing human rights treaty bodies, scheduled to be held in September 1996, to point out that its own guidelines relating to the consideration of reports had been prepared in conformity with the requirements of article 40, paragraph 1, of the Covenant and that, in consequence, it was neither legally justifiable nor advisable to revise the procedure for submitting reports to the Committee.

17. The Committee extended its sincere thanks to Mr. Jakob Möller, Chief of the Communications Branch, upon his retirement, for the activities he had undertaken throughout his career to assist the Committee.

18. The greater complexity and more intensive pace of the Committee's operations resulting from the increased number of States parties to the Covenant and the 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 State party reports. The number of communications submitted to the Committee under the Optional Protocol has also grown. The Committee expressed the hope that, within the framework of the forthcoming restructuring, the specialized staff assigned to service the Committee in relation both to the monitoring of State party reports and to the consideration of communications submitted under the Optional Protocol would be increased.

19. The Chairman, accompanied by several of the Committee's officers and the Special Rapporteur on the follow-up of communications, gave press conferences at each of the Committee's three sessions. The Committee expressed the hope that the information services would be more closely associated with its work so as to give it greater publicity. The Committee noted with satisfaction the great interest in its work taken by the non-governmental organizations and thanked them for the information provided.

20. At the 1513th meeting (fifty-seventh session) of the Committee, the Chief of Conference Services informed the Committee of the difficulties encountered in the translation and reproduction of documents, particularly reports submitted by States parties. He drew attention to the relevant guidelines and resolutions on the question and stressed the specific difficulties encountered in connection with voluminous reports. He also mentioned the high cost of summary records.

21. The Committee expressed its willingness to consider any measure intended to reduce costs provided that the quality of its work and State party obligations under article 40 of the Covenant were not jeopardized.

22. The Committee noted that 20 volumes of the Official Records of the Human Rights Committee (formerly issued as Yearbook of the Human Rights Committee) had been published in English, covering the period 1977/78-1992/93, and that the donation from the Sasakawa Foundation had made it possible to reduce the backlog. It expressed the hope that that process would continue until the backlog had been eliminated and that the records would in future be published regularly and without delay. It also stressed that the delay in publishing the French version should be eliminated as soon as possible.

23. Bearing in mind existing resources, the Committee stated that priority should be given to the translation of its summary records.

24. The Committee again urged that the work of publishing volume III of the selection of decisions adopted under the Optional Protocol should be speeded up so as to eliminate the backlog as soon as possible. In future, the selected decisions should be published regularly and in good time.

25. At its 1529th and 1530th meetings, held on 25 and 26 July 1996, the Committee considered the draft of its twentieth annual report, covering its activities at the fifty-fifth, fifty-sixth and fifty-seventh sessions, held in 1995 and 1996. The report, as amended in the course of the discussion, was adopted unanimously.

26. The present chapter is intended to provide a concise and up-to-date overview of the modifications recently introduced by the Committee in its working methods under article 40 of the Covenant and is particularly designed to make the current procedure more transparent and readily accessible, so as to assist States parties and others interested in the implementation of the Covenant. Discussions were held on these questions at the 1450th and 1458th meetings (fifty-fifth session), as well as at the 1496th, 1500th and 1501st meetings (fifty-sixth session). An account of the methods of work usually applied by the Human Rights Committee for the consideration of reports submitted by States parties appears in the Committee's 1995 report.¹

27. The Committee generally stressed that methods of work under article 40 of the Covenant should be as flexible as possible to promote a constructive and effective dialogue with delegations with a view to ensuring equality in the treatment of States.

28. The Committee felt that the only way to establish a fruitful dialogue with States parties was to harmonize the procedures followed in the consideration of initial reports and periodic reports. To that end, the Committee began, as of its fifty-sixth session, to prepare lists of issues for the consideration of initial reports. Subsequently, the Committee also decided to change the way meetings are allocated for the consideration of reports by stipulating that three meetings should henceforth be reserved for the consideration of initial reports and two meetings for the consideration of periodic reports.

29. Generally speaking, the questions raised orally during the consideration of reports should be regarded as the direct continuation of the replies (or lack of replies) to the written questions and not as additional questions. The members are, however, free to ask questions which do not appear on the list of issues but which they consider particularly important.

30. The Committee also decided that, to the extent possible, the country rapporteurs should be appointed two sessions prior to the session at which the report for which they are responsible is to be considered. As it is difficult for some members to participate in meetings of the Working Group, alternate country rapporteurs may be appointed from among the members of the Working Group. Starting with its fifty-sixth session, the Committee identified the reports to be considered at the next two sessions, it being understood that particular circumstances, relating to emergency procedures, might necessitate changes in the schedule.

31. The Committee again gave in-depth consideration to the problems raised by long delays in the submission of certain reports. It stressed that States parties should not be treated differently, no matter what the situation. It nonetheless noted that 14 States were late in submitting at least two reports and that, of those, five were late in submitting at least three reports. It recalled that, in such cases, States were invited to submit an exhaustive report covering the entire period since the consideration of the preceding report, with a new date being set for preparing the following report, after the consideration of the report.

32. The Committee also decided that, under very exceptional circumstances, when a State's report was overdue because of material difficulties, the Committee could invite it to send a delegation to discuss those difficulties or ask it to submit a provisional report dealing only with certain provisions of the Covenant. The Committee reserved the right to make public a list of States whose reports were overdue during the press conferences held at the end of each session of the Committee.

33. At its fifty-sixth session, the Committee decided that, henceforth, during each session, the members of the Bureau would observe how the situation with regard to serious violations of human rights had changed in order to determine whether the possibility of adopting a special decision in plenary could be considered. The Bureau was also given particular responsibility for the implementation of the decision taken by the Committee at its fifty-second session that, "where the consideration of a report revealed a grave human rights situation, the Committee could request the State party concerned to receive a mission composed of one or more of its members in order to re-establish dialogue with it, explain the situation better and formulate appropriate suggestions or recommendations".²

34. Several communications were received at earlier sessions containing observations by States parties on the Committee's concluding comments. The Committee decided that, henceforth, receipt of those observations would be acknowledged under a different heading in the part of the annual report relating to the submission of reports by States parties, and that those States would be informed that their observations would be given due consideration by the Committee. The Working Group on article 40 would be asked to consider the observations by States and to suggest any possible measures the Committee might wish to take in that regard.

35. At its fifty-sixth and fifty-seventh sessions, the Committee considered various steps intended to intensify cooperation between the Committee and the other treaty-monitoring bodies within the United Nations system. It decided that members of the Committee would be requested to follow developments in each of those bodies and to report thereon to the Committee at each session. Focal points were therefore designated for the Committee on the Elimination of Discrimination against Women (Mrs. Elizabeth Evatt at the fifty-sixth session) and for the Committee against Torture (Mr. Prafullachandra Natwarlal Bhagwati at the fifty-seventh session). Mrs. Evatt reported at the fifty-seventh session on the work of the Committee on the Elimination of Discrimination against Women.

36. The Committee noted that, increasingly, the reports submitted by States parties under article 40 of the Covenant merely reproduced the texts of the laws. The States had the impression that they were thereby complying with the Committee's guidelines calling for a description of the legislative, administrative or other measures in force in regard to each right guaranteed by the Covenant. The Committee pointed out that, instead of simply paraphrasing the law, States should focus on its practical application.

37. Under article 2, paragraph 1, of the International Covenant on Civil and Political Rights, each State party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized and enumerated in part III of the Covenant. In connection with that provision, article 40, paragraph 1, of the Covenant requires States parties to submit reports on the measures adopted for and the progress achieved in the enjoyment of the various rights and on any factors and difficulties that might affect the implementation of the Covenant. States parties undertake to submit reports within one year of the entry into force of the Covenant for the State party concerned and thereafter whenever the Committee so requests. In order to assist States parties in submitting reports, the Human Rights Committee, at its second session, in 1977, approved general guidelines regarding the form and contents of initial reports (see CCPR/C/5/Rev.2).

38. At its thirteenth session, in 1981, in accordance with article 40, paragraph 1 (b), of the Covenant, the Committee adopted a decision on periodicity, requiring States parties to submit subsequent reports to the Committee every five years.³ At the same session, the Committee adopted guidelines regarding the form and contents of periodic reports from States parties under article 40, paragraph 1 (b), of the Covenant (see CCPR/C/20/Rev.2).

39. At its thirty-ninth session, in 1990, the Committee adopted an amendment to its guidelines for the submission of initial and periodic reports relating to reporting by States parties on action taken in response to the issuance by the Committee of views under the Optional Protocol.⁴ At its forty-second session, in 1991, the Committee revised its general guidelines for the submission of initial and periodic reports to take into account the consolidated guidelines for the initial part of the reports of States parties to be submitted under the various international human rights instruments, including the Covenant.⁵ At its fifty-third session, in 1995, the Committee further amended its guidelines with a request to States to include in their reports information on any factors affecting the equal enjoyment by women of the rights protected under the Covenant.

40. During the period covered by the present report, the Committee received 18 initial or periodic reports. Initial reports were submitted by Gabon, Georgia, Lithuania, Nigeria and Slovakia; Bolivia, the Congo and Lebanon submitted their second periodic reports; France and Portugal submitted their third periodic reports; and Colombia, Finland, Germany, Iraq, Poland, Romania and Senegal submitted their fourth periodic reports. The United Kingdom of Great Britain and Northern Ireland submitted a special report in response to a decision taken by the Committee following its consideration of the part of the fourth periodic report of the United Kingdom relating to Hong Kong (see paras. 47-72).

41. The Committee received a communication from the Government of Sri Lanka, dated 9 August 1995, regarding the consideration of its third periodic report by the Committee in July 1995 (fifty-fourth session). The communication included observations on the comments of the Committee contained in document CCPR/C/79/Add.56. The Government's communication is reproduced in document CCPR/C/116.

42. In view of the particular difficulties encountered by Nigeria in implementing the Covenant, the Chairman of the Committee decided on 29 November 1995 on the basis of rule 66, paragraph 2, of its rules of procedure, after the closure of the fifty-fifth session, to transmit the following special decision to the Government of Nigeria on behalf of the Committee:

The Human Rights Committee, through its Chairman acting under rule 66, paragraph 2, of the Committee's rules of procedure on behalf and after consultation with the members of the Committee,

Deeply concerned by recent executions after trials that were not in conformity with provisions of the International Covenant on Civil and Political Rights,

Noting that the initial report of Nigeria was due for submission to the Committee on 28 October 1994,

Acting under article 40, paragraph 1 (b), of the International Covenant on Civil and Political Rights:

1.Requests the Government of Nigeria to submit its initial report without delay for discussion by the Committee at its fifty-sixth session in March/April 1996 and, in any event, to submit by 31 January 1996 a report, in summary form if necessary, relating in particular to the application at the present time of articles 6, 7, 9 and 14 of the Covenant;

2.Requests the Secretary-General to bring this decision to the attention of the Government of Nigeria.

43. The initial report of Nigeria, submitted on 7 February 1996 following the above decision, was considered at the fifty-sixth and fifty-seventh sessions (see paras. 254-305 below).

44. States parties to the Covenant must submit the reports referred to in article 40 of the Covenant on time so that the Committee can duly perform its functions under that article. Those reports are the basis of the dialogue between the Committee and States parties, and any delay in their submission means an interruption of that process. However, serious delays have been noted since the establishment of the Committee. Reminders were sent on 1 March 1996 to States parties whose reports had not been submitted as scheduled. In addition, at the session of March/April 1996, the members of the Bureau met in New York with the permanent representatives of all States parties whose initial report, periodic report or report under a special decision of the Committee had been overdue for more than three years. Contacts were made with the permanent representatives of all the States concerned. In addition, during the period covered by the present report, the Committee took other measures to induce States parties effectively to carry out their reporting obligation under article 40 of the Covenant (see paras. 31 and 32 above).

45. After reviewing the situation with respect to the late submission both of initial and periodic reports, the Committee noted with regret that 86 States parties to the Covenant, or more than two thirds of all States parties, were in arrears with their reports. The Committee again considered itself duty-bound to express its serious concern that so many States parties are in default of their obligations under the Covenant. That state of affairs seriously impedes the Committee's ability to monitor the implementation of the Covenant, and it therefore decided to list in the core of its annual report to the General Assembly, as it had done in its previous annual reports, the States parties that have more than one report overdue, as well as those that have not submitted reports requested by a special decision of the Committee. The Committee wishes to reiterate that these States are in serious default of their obligations under article 40 of the Covenant.

State party	Type of report	Date due	Years overdue	Number of reminders sent
Syrian Arab Republic	Second Third Fourth	18 August 1984 18 August 1989 18 August 1994	12 years	24
Gambia	Second Third Fourth	21 June 1985 21 June 1990 21 June 1995	11 years	22
Suriname	Second Third Fourth	2 August 1985 2 August 1990 2 August 1995	11 years	21
Kenya	Second Third Fourth	11 April 1986 11 April 1991 11 April 1996	10 years	20
Mali	Second Third Fourth	11 April 1986 11 April 1991 11 April 1996	10 years	20
Jamaica	Second Third	1 August 1986 1 August 1991	10 years	16
Guyana	Second Third	10 April 1987 10 April 1992	9 years	18
Democratic People's Republic of Korea	Second Third	13 December 1987 13 December 1992	9 years	16
Equatorial Guinea	Initial Second	24 December 1988 24 December 1993	8 years	14
Central African Republic	Second Third	9 April 1989 7 August 1992	7 years	13
Trinidad and Tobago	Third Fourth	20 March 1990 20 March 1995	6 years	12
Saint Vincent and the Grenadines	Second Third	31 October 1991 8 February 1993	5 years	9
Panama	Third Fourth	31 March 1992 6 June 1993	4 years	8
Madagascar	Third Fourth	31 July 1992 3 August 1993	4 years	7
Angola	Special	31 January 1994	2 years	3
Rwanda	Special	31 January 1995	1 year	2

46. At its 1314th meeting (fiftieth session), the Committee decided to discontinue its practice of including in its annual report summaries of the consideration of the reports submitted by States parties under article 40 of the Covenant. In accordance with that decision, the annual report will contain, inter alia, the final comments adopted by the Committee at the end of the consideration of States parties' reports. Accordingly, the sections that follow (A to K), are arranged on a country-by-country basis, in the sequence followed by the Committee in its consideration of the reports, and contain the final comments adopted by the Committee with respect to the States parties' reports considered at its fifty-fifth, fifty-sixth and fifty-seventh sessions.

47. At its 1451st to 1453rd meetings (fifty-fifth session), on 19 and 20 October 1995, the Human Rights Committee considered the part of the fourth periodic report of the United Kingdom of Great Britain and Northern Ireland relating to Hong Kong (CCPR/C/95/Add.5 and HRI/CORE/1/Add.62) and at its 1469th meeting, on 1 November 1995, adopted the following observations.

48. The Committee welcomes the presence of a high-level delegation, which included several officials of the Hong Kong Government. It expresses its appreciation to the representatives of the State party for the high quality of the report, the abundance of additional information and the detailed and frank answers provided in response to the oral and written questions posed and comments made by the Committee during its consideration of the report. The Committee notes with satisfaction that that information enabled it to engage in a highly constructive dialogue with the State party.

49. The detailed information submitted by a wide range of non-governmental organizations has greatly assisted the Committee in its understanding of the human rights situation in Hong Kong.

50. The Committee notes that the United Kingdom and China agreed in the Joint Declaration and Exchange of Memoranda of 19 December 1984 that the provisions of the Covenant as applied to Hong Kong shall remain in force after 1 July 1997. In that connection, the Committee, at its 1453rd meeting, on 20 October 1995, made clear its view on future reporting obligations in relation to Hong Kong in a statement read out by the Chairman (see para. 72) that, as the reporting obligations under article 40 of the Covenant will continue to apply, the Committee will be competent to receive and consider reports that must be submitted in relation to Hong Kong.

51. The Committee welcomes the initiatives taken by the Government with a view to ensuring the full implementation of the Covenant in Hong Kong, in future as well as at present. In that regard, the Sino-British Joint Declaration on the question of Hong Kong appears to provide a sound legal basis for the continued protection of the rights as specified in the Covenant. The Committee welcomes the enactment of the Bill of Rights Ordinance in June 1991.

52. The Committee takes note with appreciation of the various ordinances that have been reviewed with regard to their conformity with the Bill of Rights and amended accordingly, and also appreciates the continuing process of reviewing and updating relevant legislative provisions in that regard.

53. The Committee welcomes efforts being made by the authorities to disseminate information on human rights to members of the judiciary, civil servants, teachers and the public in general, including school-age children.

54. The Committee further welcomes the recent enactment of the Sexual Discrimination Ordinance and the Disability Discrimination Ordinance, the aims of which include the elimination of discrimination against women and disabled persons. It welcomes the oral information provided by the authorities that an equal opportunities commission will be established in the first quarter of 1996 with power to recommend draft laws and draft amendments to those Ordinances.

55. The Committee welcomes the enactment of the Torture Ordinance, which gives domestic effect to part of article 7 of the Covenant.

56. The Committee notes that section 7 of the Bill of Rights Ordinance provides that "the Ordinance binds only the Government and all public authorities; and any person acting on behalf of the Government or a public authority". The Committee emphasizes in this regard that under the Covenant a State party has an obligation to protect individuals against violations not only by government officials but also by private parties. It thus notes with deep concern the absence of legislation providing effective protection against violations of Covenant rights by non-governmental actors.

57. The Committee expresses concern over the investigative procedure in respect of alleged human rights violations by the police. It notes that the investigation of such complaints rests within the Police Force itself rather than being carried out in a manner that ensures its independence and credibility. In light of the high proportion of complaints against police officers which are found by the investigating police to be unsubstantiated, the Committee expresses concern about the credibility of the investigation process and takes the view that investigation into complaints of abuse of authority by members of the Police Force must be, and must appear to be, fair and independent and must therefore be entrusted to an independent mechanism. The Committee welcomes the changes made to strengthen the status and authority of the Independent Police Complaints Council but notes that those changes still leave investigations entirely in the hands of the police.

58. The Committee notes with concern that, while the majority of the population is Chinese-speaking, official charge forms and charge sheets as well as court documents are issued in English only, although efforts are being made to make Chinese versions available.

59. The Committee expresses concern over the situation of women in Hong Kong, particularly the high level of violence and the absence of adequate punitive or remedial measures. It regrets that the Sexual Discrimination Ordinance is not yet in force and that it limits the damages awarded to women who are subject to sexual discrimination and does not give power to direct the reinstatement of women who have lost their jobs because of sexual discrimination. The Committee is also concerned that the Sexual Discrimination Ordinance has significant exemptions and that it is limited in its application to discrimination based on gender and marriage and does not prohibit discrimination on grounds of age, family responsibility or sexual preference.

60. The Committee notes with concern that there are as yet no detailed regulations to cover emergencies and that under the Court of Final Appeal Ordinance, the jurisdiction of the Court will not extend to reviewing undefined "acts of state" by the executive. The Committee is concerned that vague terminology such as "acts of state" may be interpreted so as to impose undue restrictions on the jurisdiction of the Court, including the application of any emergency laws that may be enacted in the future.

61. The Committee also regrets that there is as yet no detailed legislation to cover public emergencies and that the provision in article 18 of the Basic Law on that subject does not appear to correspond to the provisions of article 4 of the Covenant.

62. The Committee expresses concern that the administration of legal aid in Hong Kong is refused in a large number of Bill of Rights cases that are directed against the Government or public officers.

63. While noting with satisfaction the efforts by the Government, in cooperation with the United Nations High Commissioner for Refugees, to care for the needs of the Vietnamese asylum seekers, the Committee expresses concern that many Vietnamese asylum seekers are subject to long-term detention and that many are held under deplorable living conditions that raise serious questions under articles 9 and 10 of the Covenant. It is particularly alarmed about the situation of children living in camps who are deprived of the enjoyment of rights under the Covenant in practice, given their parents' status as illegal immigrants. The Committee also expresses concern at the conditions under which deportations and removals of non-refugees of Vietnamese origin were carried out.

64. With respect to article 17 of the Covenant, the Committee takes note of the Law Reform Commission's review of the Telecommunication Ordinance and the Post Office Ordinance. It notes with concern that those ordinances can be abused to intrude on the privacy of individuals and that their amendment is urgently needed.

65. The Committee is aware of the reservation made by the United Kingdom that article 25 of the Covenant does not require establishment of an elected executive or legislative council. However, it takes the view that once an elected legislative council is established, its election must conform to article 25. The Committee considers that the electoral system in Hong Kong does not meet the requirements of article 25, or of articles 2, 3 and 26 of the Covenant. It underscores in particular the fact that only 20 of 60 seats in the Legislative Council are subject to direct popular election and that the concept of functional constituencies, which gives undue weight to the views of the business community, discriminates among voters on the basis of property and functions. That clearly constitutes a violation of article 2, paragraph 1 and articles 25 (b) and 26. The Committee is also concerned that laws depriving convicted persons of their voting rights for periods of up to 10 years may be a disproportionate restriction of the rights protected by article 25.

66. The Committee recommends that increased efforts be made to introduce, as soon as possible, Chinese versions of official charge forms and charge sheets and of court documents.

67. The Committee recommends that the State party adopt the proposal of the Independent Police Complaints Council to incorporate non-police members in the investigation of all complaints against the police.

68. The Committee recommends that the State party reconsider its decision on the establishment and competence of a human rights commission.

69. The Committee recommends that the deficiencies in the Sexual Discrimination Ordinance be overcome by appropriate amendments and that comprehensive anti-discrimination legislation aimed at eliminating all remaining discrimination prohibited under the Covenant be adopted.

70. The Committee urges the Government to take immediate steps to ensure that living conditions in Vietnamese refugee detention centres be improved. Special attention should be devoted to the situation of children, whose rights under the Covenant should be protected. The refugee status of all detainees should be speedily determined, with the right of judicial review and legal aid. Deportation and removal of non-refugees of Vietnamese origin should be closely monitored to prevent abuse.

71. The Committee recommends that immediate steps be taken to ensure that the electoral system conforms with articles 21, 22 and 25 of the Covenant.

72. The Committee requests the Government of the United Kingdom to submit a brief report, by 31 May 1996, on new developments with regard to the enjoyment of human rights in Hong Kong, pursuant to the recommendations contained in the present observations and in the statement below by the Chairman, for consideration by the Committee at its fifty-eighth session.

The Human Rights Committee - dealing with cases of dismemberment of States parties to the International Covenant on Civil and Political Rights - has taken the view that human rights treaties devolve with territory and that States continue to be bound by the obligations under the Covenant entered into by the predecessor State. Once the people living in a territory find themselves under the protection of the International Covenant on Civil and Political Rights, that protection cannot be denied to them by virtue of the mere dismemberment of the territory or its coming within the jurisdiction of another State or of more than one State.⁶

However, the existence and contents of the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong make it unnecessary for the Committee to rely solely on the foregoing jurisprudence as far as Hong Kong is concerned. In this regard, the Committee points out that the parties to the Joint Declaration have agreed that all provisions of the Covenant as applied to Hong Kong shall remain in force after 1 July 1997. Those provisions include reporting procedures under article 40. As the reporting requirements under article 40 of the Covenant will continue to apply, the Human Rights Committee considers that it is competent to receive and review reports that must be submitted in relation to Hong Kong.

Accordingly, the Committee is ready to give effect to the intention of the parties to the Joint Declaration as far as Hong Kong is concerned and to cooperate fully with the parties to the Joint Declaration to work out the necessary modalities to achieve those objectives.

73. The Committee considered the fourth periodic report of Sweden (CCPR/C/95/Add.4 and HRI/CORE/1/Add.4) at its 1456th and 1457th meetings (fifty-fifth session), on 23 and 24 October 1995, and at its 1470th meeting, on 1 November 1995, adopted the following observations.

74. The Committee welcomes the detailed report presented by Sweden, which contains relevant information about changes and developments that have occurred since the consideration of the third periodic report. The Committee also welcomes the answers to questions raised and concerns expressed during the consideration of the report. It expresses its appreciation for the frank dialogue engaged in with a competent delegation and for the comprehensive and thorough answers given orally to the wide range of questions asked by members.

75. The Committee finds that there are no significant factors or difficulties which should prevent the effective implementation of the Covenant in Sweden.

76. The Committee notes with appreciation the high level of achievement of Sweden with regard to the protection of the rights guaranteed in the Covenant.

77. The Committee welcomes the adoption of provisions prohibiting ethnic discrimination in the labour market, as well as the additional powers given to the Ombudsman against Ethnic Discrimination by conferring upon him a litigating role in the Labour Court proceedings. It also welcomes the setting up of two parliamentary commissions on migration and immigration policies to identify gaps in legislation and to consider improvements, and the incorporation into the Penal Code of the concept of aggravating circumstances when a crime has had racial, ethnic, religious or similar motivations.

78. The Committee welcomes the various steps taken by the Government, through legislation, studies, education programmes and integration of gender perspectives in all policy areas, with a view to ensuring equality between men and women.

79. The Committee notes with satisfaction the adoption and entry into force on 1 January 1992 of the new Compulsory Mental Care Act and Forensic Mental Care Act, restricting the use of compulsory care.

80. The Committee expresses its appreciation for the creation of the Office of the Children's Ombudsman, for the provisions introduced in the Penal Code to protect children against sexual abuse, and for the monitoring system of inter-country adoption.

81. The Committee welcomes the amendment to the Code on Judicial Procedure extending judicial review to the restrictions ordered by the public prosecutor to persons deprived of their liberty. The Committee also welcomes the extension of the right to free legal aid for the victims of crimes of violence and crimes involving infringement of physical integrity.

82. The Committee regrets that the Covenant as such cannot be directly invoked before Swedish courts and administrative authorities.

83. The Committee regrets the decision of the State party not to withdraw any of the reservations it made at the time of ratification of the Covenant.

84. The Committee notes with concern that there is not yet any mechanism to implement views adopted by the Committee under the Optional Protocol to the Covenant.

85. The Committee notes that there remain areas where women are subject to de facto discrimination, in particular with regard to equal remuneration. It notes with concern that in certain areas, in particular in public offices, the situation of women with regard to equal remuneration for work of equal value has significantly deteriorated recently.

86. Despite efforts by the Government to eliminate racial and ethnic discrimination, the Committee expresses concern about the rise of racism and xenophobia within Swedish society and about the high rate of racist crimes and the increase of racist behaviour among younger people.

87. The length of detention of illegal immigrants, asylum seekers and persons ordered to be expelled is a cause of concern.

88. The Committee is also concerned that the Board of Immigration and the Aliens Appeals Board may in certain cases yield their jurisdiction to the Government, resulting in decisions for expulsion or denial of immigration or asylum status without the affected individuals having been given an appropriate hearing. In the Committee's view, this practice may, in certain circumstances, raise questions under article 13 of the Covenant.

89. In the Committee's view, the amendment to the Code on Judicial Procedure stipulating that in certain cases both the convicted person and the public prosecutor need leave to appeal to the Court against a decision in a criminal case may in certain circumstances raise the question of compatibility with article 14, paragraph 5, of the Covenant.

90. The Committee notes that legislative provisions adopted recently by the Riksdag and providing for the right of everyone to fish and hunt on public lands may have adverse consequences for the traditional rights of the Sami people.

91. The Committee recommends that all necessary steps be taken by the Government to give legal effect to the rights enshrined in the Covenant in the domestic legal order.

92. The Committee recommends that measures be taken for the establishment of a mechanism to implement the views adopted by the Committee under the Optional Protocol to the Covenant.

93. The Committee recommends that the reservations made to the Covenant be reviewed with a view to withdrawing them.

94. The Committee encourages the Government to continue its efforts to ensure that the principle of equal pay for equal work is effectively implemented.

95. The Committee strongly urges the Government to take appropriate measures to fight the emergence of racist and xenophobic attitudes among some elements of Swedish society. The Committee particularly stresses the importance of educational campaigns in schools and at all levels of society and of media campaigns aimed at building a society where diverse cultures can coexist in a spirit of harmony and enrich one another.

96. The Committee urges the State party to review its legislation governing asylum seekers and the expulsion of aliens in order to limit the possibility and extent of detention. The right to have a case reviewed by a competent authority should be available for all decisions of detention, expulsion and refusal of immigration or asylum.

97. The Committee wishes to receive ample information in the next periodic report of Sweden on the implementation of the legislation on leave to appeal in criminal cases in the light of article 14, paragraph 5, of the Covenant.

98. The Committee recommends that the recognized customary rights of the Sami people be fully protected in the light of article 27 of the Covenant.

99. The Committee considered the initial report of Estonia (CCPR/C/81/Add.5 and HRI/CORE/1/Add.50) at its 1455th and 1459th meetings (fifty-fifth session), on 23 and 25 October 1995, and at its 1471st meeting, on 2 November 1995, adopted the following observations.

100. The Committee welcomes the initial report of Estonia and expresses its appreciation for the frank and constructive dialogue engaged in with the delegation. The Committee, however, regrets that, although the report provided comprehensive information on prevailing legislation in the field of human rights, no mention was made as to how the Covenant is implemented in practice. The information and the answers given orally by the delegation to the questions raised by members of the Committee covered those deficiencies somewhat and enabled the Committee to obtain a clearer picture of the situation of human rights in the country.

101. The Committee notes that it is necessary to overcome vestiges of the totalitarian past and that much remains to be done to strengthen democratic institutions and respect for the rule of law. It regrets that the Government's efforts to restructure the legal system and to implement the Covenant more effectively have been hampered by lacunae in some existing legislation and that a number of principles set forth in the 1992 Constitution have not yet been given corresponding laws.

102. The Committee notes that at the time of the restoration of independence, a significantly large number of permanent residents in Estonia belonged to minorities. The policy of the Government with regard to naturalization and citizenship has raised a number of difficulties which affect the implementation of the Covenant.

103. The Committee expresses its satisfaction at the fundamental and positive changes that have taken place in Estonia, providing for a better political, constitutional and legal framework for the implementation of the rights enshrined in the Covenant.

104. Estonia's accession to the Covenant and other human rights instruments, soon after its restoration of independence, confirms its genuine commitment to guarantee basic human rights to all individuals under its jurisdiction. The recognition by Estonia of the competence of the Committee to receive and consider communications from individuals under the Optional Protocol is of particular importance for the effective implementation of the Covenant.

105. The Committee expresses its satisfaction that in the new Criminal Code which is being drafted, no death penalty is provided for, and it welcomes Estonia's intention to accede to the Second Optional Protocol in the near future.

106. The Committee welcomes the adoption by referendum of a new Constitution, which provides in its articles 3 and 123 that universally recognized principles and norms of international law, as well as human rights treaties, including the Covenant, shall be incorporated into the domestic legal order and, upon ratification, be given precedence over inconsistent domestic legal provisions.

107. The adoption of a new Law on Courts and the reform of the "Prokuratura" constitute a step forward towards securing the independence and impartiality of the judiciary.

108. The Committee is concerned at the lack of legislative provisions to implement articles 3 and 123 of the Constitution, which affects the Covenant's effective precedence over any inconsistent legislative act. It also remains unclear whether a provision of domestic law can be declared null and void if it contradicts the Covenant.

109. The Committee notes with concern that no legislation has yet been adopted regarding the right to compensation for citizens whose rights have been violated by the State or by unlawful behaviour of officials.

110. The Committee expresses its concern that a significantly large segment of the population, particularly members of the Russian-speaking minority, are unable to enjoy Estonian citizenship because of the plethora of criteria established by law and the stringency of the language criterion, and that no remedy is available for an administrative decision rejecting the request for naturalization under the Law on Citizenship.

111. Noting that the numerous rights and prerogatives, such as the right to participate in the process of land privatization and the right to occupy certain posts or practise some occupations, are granted solely to Estonian citizens, the Committee is concerned that permanent residents who are non-citizens are thus deprived of a number of rights under the Covenant.

112. The Committee is concerned that the conditions for appointment to or employment in any position in a State or local government agency, in particular the automatic exclusion of persons unable to satisfy the requirements of the written oath of conscience regarding their previous activities (under the former regime), may give rise to an unreasonable restriction on the right of access to public service without discrimination.

113. With regard to article 3 of the Covenant, the Committee regrets that it received only limited information as to the de facto situation of women in Estonia.

114. With regard to article 4 of the Covenant, the Committee notes that, although there are provisions in the Constitution relating to the imposition of a state of emergency, no legislation has yet been adopted in conformity with the requirements of the Covenant.

115. The Committee is concerned that the death penalty can still be imposed in Estonia for crimes that cannot be qualified as "the most serious crimes" under article 6 of the Covenant. Moreover, the Committee notes with concern that, despite the drafting of a new Criminal Code that will abolish capital punishment, recent amendments to the current Criminal Code have added two more crimes to the list of those punished by capital punishment.

116. The Committee notes that the definition of torture in article 114 of the Criminal Code is limited to physical force and does not encompass psychological torture and duress.

117. The Committee is concerned about cases of excessive use of force by law enforcement officials as well as mistreatment of detainees. It is of particular concern to the Committee that punitive measures, such as solitary detention, may be imposed on juvenile detainees. The Committee notes that the law enforcement system will only be able to function properly when a sufficient number of well-trained police and prison officers are appointed.

118. The Committee is deeply concerned that, as confirmed by the State party in paragraph 79 of its report: "Prison facilities are overcrowded and many inmates are subject to unhealthy living conditions". It regrets that it did not receive sufficient information which would have enabled it to examine the extent to which the State party is in violation of articles 7 and 10 of the Covenant, and it notes with concern that it was not provided with information regarding separation of accused persons from convicted persons, as required under article 10, paragraph 2 (a), of the Covenant.

119. The Committee is concerned that, as a result of the lack of domestic legislation and procedures governing the treatment of asylum seekers and the determination of their status, the Government has too often resorted to measures of deprivation of liberty.

120. The Committee expresses concern at limitations to the exercise of freedom of association for long-term permanent residents in Estonia, particularly in the political sphere.

121. The Committee is deeply concerned at the definition of minorities in Estonian legislation, which only encompasses national minorities, thus restricting the application of the Law on Cultural Autonomy for Ethnic Minorities by excluding permanent residents from full participation in minority groups.

122. The Committee recommends that necessary measures be taken to ensure that all domestic provisions inconsistent with the Covenant are repealed and that laws adopted are in full compliance with the provisions of the Covenant. Regarding the actual application of the Covenant, the Committee requests the State party to indicate in its second periodic report any instances in which the Covenant was directly invoked before the courts, as well as about the related results.

123. The Committee recommends that the State party review and include information in its next periodic report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the Optional Protocol to the Covenant, also bearing in mind the obligations under article 2 of the Covenant.

124. With regard to article 2, the Committee recommends that all provisions in domestic law discriminating against non-citizens be systematically reviewed and brought into line with articles 2 and 26 of the Covenant.

125. The Committee recommends that the State party review the Law on the Implementation of the Constitution with regard to the obligation to take an oath of conscience, with a view to bringing the Law fully into line with non-discrimination provisions and article 25 of the Covenant and providing for the right to an effective remedy against a decision not to appoint or to dismiss a person in case of refusal to take such an oath.

126. The Committee recommends that laws be adopted to enable victims of violation of the rights guaranteed under the Covenant to be effectively compensated under domestic law.

127. The Committee recommends that information on the situation of women be included in the second periodic report and, more generally, that necessary steps be taken to include appropriate programmes in formal and informal education in order to achieve equality between the sexes.

128. The Committee urges the State party to enact legislation in conformity with the provisions of article 4 of the Covenant.

129. The Committee urges the Government to reduce substantially the number of crimes for which the death penalty may be imposed, in accordance with article 6 of the Covenant, pending the adoption of the new Criminal Code that will abolish the death penalty.

130. With regard to article 7 of the Covenant, the Committee strongly recommends that article 114 of the Criminal Code be reviewed so as to ensure its compliance with the broader scope of torture, under the Covenant, and calls the attention of the authorities to its general comment No. 20 (44).

131. The Committee urges the State party to take immediate steps to ensure that all persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person, in conformity with articles 7 and 10 of the Covenant.

132. The Committee emphasizes the need for effective control over the police and prison officials. Intensive training and education programmes in the field of human rights for law enforcement officials and prison officials are recommended to ensure their observance of the Covenant and other international instruments.

133. The Committee recommends that the Government of Estonia adopt domestic legislation governing the treatment of asylum seekers, in compliance with the Covenant. It further recommends that the Government seek assistance from international organizations, including the Office of the United Nations High Commissioner for Refugees, and consider acceding to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.

134. With respect to the rights of minorities, the Committee strongly recommends that national legislation be amended to bring all minorities within the scope of the Law on Cultural Autonomy for Ethnic Minorities, in conformity with article 27 of the Covenant, and draws the attention of the authorities to its general comment No. 23 (50).

135. The Committee recommends that the Covenant, the Optional Protocol and the Committee's comments be widely disseminated in Estonia. It also recommends that human rights education be provided in school at all levels and that comprehensive human rights training be provided to all segments of the population, including law enforcement officers and all persons involved in the administration of justice. In this regard, the Committee suggests that the State party avail itself of the technical cooperation services of the United Nations Centre for Human Rights.

136. The Committee considered the third periodic report of the Republic of Mauritius (CCPR/C/64/Add.12 and HRI/CORE/1/Add.60) at its 1476th to 1478th meetings (fifty-fifth session), on 19 and 20 March 1996, and at its 1497th meeting, on 2 April 1996, adopted the following comments.

137. The Committee welcomes the third periodic report presented by Mauritius and expresses its appreciation to the State party for the additional information submitted orally and in writing by a high-level delegation during the consideration of the report. The Committee regrets, however, that the report was long overdue. The valuable supplementary information provided by the delegation, both oral and written, provided a sound basis for a frank and fruitful dialogue between the Committee and the State party.

138. The Committee finds no significant factors or difficulties that would prevent the effective implementation of the Covenant in Mauritius.

139. The Committee notes that the harmonious coexistence of the multi-ethnic population of Mauritius and its atmosphere of tolerance strengthen the ability of Mauritius to live up to its obligations under the Covenant.

140. The Committee expresses its appreciation for the adoption of the Abolition of the Death Penalty Act 1995, which came into force in December 1995 and provides for the imposition of a sentence of life imprisonment in place of the death penalty.

141. The Committee welcomes the amendment to section 16 of the Constitution by the enactment of the Constitution of Mauritius (Amendment) Act 1995, which adds gender to the grounds on which discrimination by laws or by public authorities is prohibited. The amendment to the Mauritius Citizenship Act 1968, removing discrimination on grounds of gender, the proposed bill on domestic violence and the full recognition of the equal rights of children born in and out of wedlock are also welcomed.

142. The Committee welcomes the large-scale legislative reform that is being contemplated with a view, inter alia, to shortening the length of court proceedings and to reconsidering the system of legal aid.

143. The Committee notes with appreciation the promulgation in 1994 of the Child Protection Act.

144. The Committee welcomes the establishment of a human rights unit by the Attorney-General with a view, inter alia, to undertaking the preparation of the reports of Mauritius to the various United Nations human rights treaty bodies.

145. The Committee welcomes the initiatives of Mauritius to establish an Indian Ocean human rights institute.

146. The announcement concerning the proposed establishment of an independent police complaints board is welcomed.

147. The Committee also welcomes the intention of the Government to set up an independent broadcasting authority.

148. The Committee is concerned that the non-incorporation into domestic law of all the rights guaranteed in the Covenant and the existence of non-permissible limitations affect the full implementation of the Covenant in Mauritius and that, accordingly, the legal system of Mauritius does not ensure effective remedies in all cases of violations of rights guaranteed in the Covenant.

149. The Committee is concerned that excepting personal laws and foreigners from the prohibition of discrimination - as set forth in section 16 of the Constitution - results in a violation of article 26 of the Covenant.

150. The Committee notes with concern that the problem of domestic violence has not yet been the object of appropriate measures.

151. The Committee expresses its concern over the provisions in the so far non-implemented Dangerous Drugs Act 1995 under which an arrested person may be held incommunicado at the discretion of a police officer.

152. The Committee notes with concern that the powers of detention provided for in sections 5 (1) (k) and 5 (4) of the Constitution are incompatible with article 9, paragraphs 3 and 4, of the Covenant.

153. The Committee is concerned that the legislation of Mauritius has not yet been brought into line with article 11 of the Covenant.

154. The Committee is concerned at the extent of de facto limitation on freedom of expression, as exemplified by the banning of two recent literary works without legal measures having been taken to that effect, and at penal offences relating to libel and the dissemination of false news. Extra-legal restrictions on freedom of expression are not compatible with the Covenant.

155. The Committee takes note with concern of the requirement that prior notification be made seven days before any public meeting is held in order to obtain permission from the Commissioner of Police.

156. The Committee is concerned about difficulties faced by those working in export processing zones in the enjoyment of their rights under article 22 of the Covenant.

157. The Committee emphasizes the need for legal machinery enabling individuals to enforce all the rights enshrined in the Covenant before domestic courts.

158. The Committee recommends that all grounds on which discrimination is prohibited, as identified in articles 2 and 26 of the Covenant, be incorporated in the relevant non-discrimination provisions of the Constitution and that the provisions be extended to cover aliens. It further recommends that section 16 (2) and 16 (4) (c) of the Constitution be amended to make them compatible with article 2, paragraph 1, and articles 3 and 26 of the Covenant and that steps be taken to introduce comprehensive anti-discrimination laws to cover all spheres, public or private, protected by the Covenant. It is also recommended that the proposed equal opportunity commission consider whether affirmative action measures, including educational measures, are necessary to overcome remaining obstacles to equality, such as outdated attitudes concerning the role and status of women.

159. Following the abolition of the death penalty, it is recommended that Mauritius consider ratification of the Second Optional Protocol to the Covenant.

160. The Committee expresses the hope that the envisaged independent police complaints board will be established as soon as possible and that provisions are included in the law to ensure that the board will enjoy the powers and receive the resources to enable it to investigate allegations of abuse by members of the police.

161. The Committee stresses the need to establish a mechanism to provide legal aid for appeals to the Privy Council.

162. The Committee recommends reconsideration of the legislation on the publication of false news. If the State party considers it necessary to allow for some restrictions on publications and showing of films, legislation should be introduced establishing criteria consistent with article 19, paragraph 3, of the Covenant and providing for judicial review of all decisions to restrict the exercise of freedom of expression. The Committee expresses the hope that the envisaged independent broadcasting authority will be established as soon as possible. It suggests the establishment of a mechanism that would allow for a press code of ethics.

163. The Committee suggests that consideration be given to ensuring that restrictions do not exceed what is necessary in a democratic society, in conformity with article 21 of the Covenant.

164. The Committee expresses the hope that, as part of the planned review of industrial legislation, the Government will consider whether workers in export processing zones, the majority of whom are women, need additional legal protection to ensure their full enjoyment of the rights guaranteed by article 22 of the Covenant.

165. The Committee recommends that appropriate steps be taken to ensure that the inhabitants of the islands of Agalega and St. Brandon are able to exercise their right to vote, as required by article 25 of the Covenant.

166. Lastly, the Committee suggests that steps be taken to disseminate in all languages spoken in Mauritius information about the Covenant and about the report and the proceedings before the Committee. It also suggests that steps be taken to publish educational material, particularly for children, in the most used vernacular languages.

167. The Committee considered the fourth periodic report of Spain (CCPR/C/95/Add.1 and HRI/CORE/1/Add.2/Rev.2) at its 1479th to 1481st meetings (fifty-sixth session), on 20 and 21 March 1996, and at its 1498th meeting, on 3 April 1996, adopted the following comments.

168. The Committee thanks the State party for submitting, within the allotted time, a report which is in conformity with the Committee's guidelines, and for engaging, through its highly qualified delegation, in a constructive dialogue. It notes with satisfaction that the information provided in the report and orally by the delegation has given the Committee an appreciation of the manner in which Spain is acquitting itself of its obligation under the Covenant.

169. The Committee notes with concern that terrorist groups continue to perpetrate bloody attacks which result in loss of life and affect the application of the Covenant in Spain. It also notes the re-emergence of racist and xenophobic theories and behaviour.

170. The Committee notes with satisfaction that Spain has come a long way in the promotion of and respect for human rights. In this connection it welcomes the accession of Spain, on 22 March 1991, to the Second Optional Protocol, aiming at the abolition of the death penalty.

171. The Committee welcomes the fact that efforts have been made to disseminate information on respect for human rights in schools as well as information on the Committee's report to the general public.

172. The Committee notes that the new law of 15 January 1996 concerning the status of minors should contribute to the application in Spain of the Convention on the Rights of the Child and the relevant provisions of the Covenant, particularly article 24.

173. The Committee welcomes the progress made by the State party in promoting equal opportunity for women in all sectors of public and professional life.

174. The Committee notes with satisfaction that the Penal Code drawn up in 1995 includes provisions establishing penalties for acts of racial discrimination and xenophobia.

175. Finally, the Committee notes that many decisions in the national courts refer to the Covenant as the legal basis, in conformity with articles 10 and 96 of the Constitution.

176. The Committee is concerned at the numerous reports it has received of ill-treatment and even torture inflicted by members of the security forces on persons suspected of acts of terrorism. It notes with concern that investigations are not always systematically carried out by the public authorities and that when members of the security forces are found guilty of such acts and sentenced to deprivation of liberty, they are often pardoned or released early or simply do not serve the sentence. Moreover, those who perpetrate such deeds are seldom suspended from their functions for any length of time.

177. The Committee is concerned that proof obtained under duress is not systematically rejected by courts.

178. The Committee expresses concern at the maintenance on a continuous basis of special legislation under which persons suspected of belonging to or collaborating with armed groups may be detained incommunicado for up to five days, may not have a lawyer of their own choosing and are judged by the Audiencia Nacional without the possibility of appeal. The Committee emphasizes that those provisions are not in conformity with articles 9 and 14 of the Covenant. Also in regard to those two articles, the Committee notes with concern that the duration of pretrial detention can continue for several years and that the maximum duration of such detention is determined according to the applicable penalty.

179. With regard to the increase in the number of asylum seekers, the Committee notes that anyone whose application for asylum or for refugee status is denied can be held for seven days prior to being expelled.

180. The Committee deplores the poor prison conditions that exist in most prisons, generally resulting from overcrowding and depriving those detained of the rights guaranteed in article 10 of the Covenant.

181. Finally, the Committee is greatly concerned to hear that individuals cannot claim the status of conscientious objector once they have entered the armed forces; that does not seem to be consistent with the requirements of article 18 of the Covenant, as pointed out in the Committee's general comment No. 22 (48).

182. The Committee invites the State party to take the necessary steps, including educational measures and information campaigns, to avert racist and xenophobic tendencies.

183. The Committee recommends that the State party establish transparent and equitable procedures for conducting independent investigations into complaints of ill-treatment and torture involving the security forces, and urges it to bring to court and prosecute officials who are found to have committed such deeds and to punish them appropriately. The Committee suggests that comprehensive human rights training should be provided to law enforcement officials and prison personnel.

184. The Committee recommends that the legislative provisions which state that persons accused of acts of terrorism or those suspected of collaborating with such persons may not choose their lawyer should be rescinded. It urges the State party to abandon the use of incommunicado detention and invites it to reduce the duration of pretrial detention and to stop using duration of the applicable penalty as a criterion for determining the maximum duration of pretrial detention.

185. The State party is strongly urged to institute a right of appeal against decisions of the Audiencia Nacional in order to meet the requirements of article 14, paragraph 5, of the Covenant.

186. The Committee urges the State party to amend its legislation on conscientious objection so that any individual who wishes to claim the status of conscientious objector may do so at any time, either before or after entering the armed forces.

187. The Committee considered the second periodic report of Zambia (CCPR/C/63/Add.3 and HRI/CORE/1/Add.22/Rev.1) at its 1487th to 1489th meetings (fifty-sixth session), on 26 and 27 March 1996, and at its 1498th meeting, on 3 April 1996, adopted the following comments.

188. The Committee welcomes the submission of the second periodic report by Zambia and expresses its appreciation to the State party for the resumption of a constructive dialogue with the Committee. The Committee regrets, however, that although the report provides information on general legislative norms in Zambia, it largely fails to deal with the actual state of implementation of the Covenant in practice and the difficulties encountered in the course of implementation. The Committee appreciates the presence of a delegation which provided helpful information to it in response to its questions and thus allowed it to obtain a somewhat clearer view of the overall situation in the State party. Unfortunately, the delegation did not include experts on all the issues dealt with in the report or on issues usually raised by the Committee during the consideration of the reports of States parties.

189. The remnants of certain traditions and customs constitute an obstacle to the effective implementation of the Covenant, particularly with regard to equality between men and women.

190. The Committee recognizes that the State party has begun amending its domestic legislation to bring it into line with the Covenant.

191. The Committee welcomes the introduction of a multi-party system of government, as well as efforts undertaken by the State party to strengthen democratic institutions and the multi-party system. In that regard, it takes note of the establishment of a commission to review the Constitution and of the adoption of measures designed to strengthen the rule of law. It further welcomes the setting up of the Munyama Human Rights Commission.

192. The Committee appreciates the efforts made by the Government to implement views adopted by the Committee under the Optional Protocol.

193. The Committee notes with concern that steps still remain to be taken to harmonize the Constitution with the Covenant and to develop democratic institutions and human rights machinery for better implementation of the Covenant.

194. The Committee also notes with concern that the equality clause in section 11 of the Constitution and the non-discrimination clause in section 23 do not apply to non-citizens and that there are other exemptions in section 23 which are not compatible with articles 3 and 26 of the Covenant.

195. The Committee expresses its concern over the situation of women who, despite some advances, continue to be de jure and de facto the object of discrimination, particularly as regards education, access to work and participation in the conduct of public affairs. The application of customary laws in matters of personal status, marriage, divorce and inheritance rights reinforces outdated attitudes concerning the role and status of women. The Committee also regrets the lack of measures to adequately address problems raised with regard to violence against women and the high maternal mortality rate resulting from abortion.

196. Section 43 of the Constitution, which restricts the right of individuals to pursue civil remedies in the courts against the President for anything done in his private capacity, is incompatible with the provisions of article 14 of the Covenant.

197. The Committee regrets that the proclamation of a state of emergency in March 1993 was not communicated to the Secretary-General of the United Nations in accordance with article 4, paragraph 3, of the Covenant. The Committee also regrets the lack of clarity of the legal provisions governing the introduction and administration of a state of emergency, particularly sections 31 and 32 of the Constitution, which would permit derogations contravening the State party's obligations under article 4, paragraph 2, of the Covenant. The Committee is also concerned that the derogation of rights permissible under section 25 of the Constitution goes far beyond that permissible under article 4, paragraph 2, of the Covenant.

198. The Committee is concerned that the rights contained in articles 7, 9 and 10 of the Covenant are not fully respected. It is concerned in particular that torture and ill-treatment of persons deprived of their liberty continue to be reported and that abuses allegedly committed by police officers and members of the security forces are not duly investigated by an independent body.

199. The Committee welcomes the establishment of the National Committee on Penal Reform but is greatly concerned at the poor conditions in places of detention and the lack of implementation of the guarantees contained in article 10 of the Covenant as well as in the United Nations Standard Minimum Rules for the Treatment of Prisoners.

200. The Committee is concerned that three journalists were found to be in "gross contempt of the National Assembly" without any of the procedural guarantees of fair trial provided for by articles 9 and 14 of the Covenant and that two of those journalists were held in indefinite detention before release, contrary to the provisions of article 9 of the Covenant and even contrary to section 13 of the Constitution and sections 27 and 28 (3) of the National Assembly (Powers and Privileges) Act.

201. The Committee is also concerned about reports of arrests and charges against journalists for the publication of newspaper articles. Use of the criminal process to ensure accountability of the press for the veracity of its reports is not compatible with article 19 of the Covenant. Robust and even harsh criticism of government figures is an essential part of free speech in a democratic country.

202. The Committee is concerned that the proposals made by the Constitutional Review Committee in regard to appointment of judges of the Supreme Court by the President after their retirement and the removal of Supreme Court judges by the President, subject only to ratification by the National Assembly without any safeguard or inquiry by an independent judicial tribunal, are incompatible with the independence of the judiciary and run counter to article 14 of the Covenant.

203. The Committee is also concerned that no measures are taken to ensure that pregnancy or parenthood does not affect the continuous education of children.

204. The requirement to sing the national anthem and salute the flag as a condition of attending a State school, despite conscientious objection, appears to be an unreasonable requirement and to be incompatible with articles 18 and 24 of the Covenant.

205. The Committee is further concerned that provisions in the Penal Code which fix eight years as the age of criminal responsibility and which permit children to be charged jointly with adults to be tried in the ordinary criminal courts appear to be incompatible with article 14, paragraph 4, and article 24 of the Covenant.

206. The Committee strongly encourages the Government to undertake a thorough review of the legal framework for the protection of human rights in the State party to ensure full conformity with the Covenant. It recommends that appropriate institutions be set up to promote the observance of human rights.

207. The Committee recommends that the State party review its laws and make appropriate amendments, including the abrogation of subsections 23 (4) (c) and (d) of the Constitution, to ensure full legal and de facto equality for women in all aspects of social and economic relationships and particularly in the laws governing the status of women, women's rights and obligations in marriage. It emphasizes the need for the authorities to increase efforts to prevent and eliminate persisting discriminatory attitudes and prejudices against women. Comprehensive anti-discriminatory laws covering both the private and the public spheres should be introduced, as well as, where appropriate, affirmative action measures.

208. The Committee recommends that the authorities adopt legislation to bring the domestic legal regime, including section 25 of the Constitution, into harmony with the State party's obligations under article 4 of the Covenant.

209. The Committee recommends that, in view of the current debate referred to in paragraph 18 of the report of the State party and the fact that there have been no executions since 1988, the State party consider taking measures for the abolition of the death penalty and the ratification of or accession to the Second Optional Protocol to the Covenant.

210. The Committee urges the authorities to take the necessary steps to ensure that torture, ill-treatment and illegal detention do not occur and that any such cases are duly investigated by an independent authority in order to bring before the courts those accused of having committed such acts and to punish them if found guilty. The Committee also recommends that the report of the Munyama Human Rights Commission be published as soon as possible and that the State party move for the reform of penal law and practice.

211. The Committee recommends that steps be taken in law and in practice to implement fully the provisions of article 10 of the Covenant as well as the United Nations Standard Minimum Rules for the Treatment of Prisoners, and to make relevant laws and regulations governing the treatment of persons deprived of their liberty known and accessible to the prisoners themselves, as well as the police, armed forces, prison personnel and other persons responsible for holding interrogation. Urgent steps should be taken to reduce the number of prisoners through the review of sentences, the speeding up of trials and other measures.

212. The Committee recommends the abolition of imprisonment for civil debt, in compliance with article 11 of the Covenant.

213. Corporal punishment should be abolished, in accordance with article 7 of the Covenant.

214. The Committee recommends that mere criticism by journalists of government officials should not be made a criminal offence.

215. The Committee welcomes the release under court order of two journalists who were detained after being found to be in contempt of the National Assembly. It trusts that the third journalist censured by Parliament will not be detained. It urges that in future all cases in which people are suspected of contempt of Parliament be dealt with by the courts in a manner consistent with all requirements of the Covenant.

216. The Committee calls upon the State party to prepare its third periodic report in compliance with the Committee's guidelines for the preparation of State party reports. The report should, in particular, include detailed information on the extent to which each right is enjoyed in practice, and refer to specific factors and difficulties that might impede its application. In undertaking this obligation, the State party may wish to avail itself of the advisory services and technical assistance programme of the United Nations Centre for Human Rights.

217. The Committee considered the initial report of Guatemala (CCPR/C/81/Add.7 and HRI/CORE/1/Add.47) at its 1486th, 1488th and 1489th meetings (fifty-sixth session), on 26 and 28 March 1996, and at its 1499th meeting, on 3 April 1996, adopted the following comments.

218. The Committee welcomes the initial report submitted by the State party and welcomes the delegation's willingness to engage in a frank and fruitful dialogue with the Committee. The Committee regrets, however, that although the report provides information on general legislative norms in Guatemala, it largely fails to deal with the actual state of implementation of the Covenant in practice and the difficulties encountered in the course of implementation which the delegation frankly admitted, a fact which the Committee appreciates. The Committee appreciated the presence of a competent delegation which provided helpful information to it in response to its questions and thus allowed it to obtain a clearer view of the overall human rights situation in the State party.

219. The Committee notes that Guatemala continues to suffer from a long civil war which has devastated the country for more than four decades. In the context of such conflict, gross and massive human rights violations have occurred and, although some steps have been taken in recent years to achieve peace, the conflicting parties have not yet negotiated an end to the war. The situation of armed conflict which has prevailed since Guatemala ratified the Covenant has given rise to serious violations of human rights. The armed conflict has also subjected civilian governmental authority to the power of the military, which is incompatible with the legitimate functions of freely elected authorities and the purpose of elections.

220. The Committee also notes that various segments of the population, particularly persons who are or were members of the armed forces or government officials or who hold economic power, continue to take advantage of a climate of impunity, resulting in the most serious human rights violations and representing an obstacle to the rule of law in the State party.

221. The Committee also notes that social and economic disparity is pervasive in the country. High levels of poverty and illiteracy, lack of opportunities and discrimination against the indigenous population, women and the poor contribute to widespread violations of human rights.

222. The Committee expresses its satisfaction at positive changes for the protection of human rights since the signing of the Central American peace agreement on 7 August 1987. It notes that some progress has been made towards entering a dialogue that would hopefully put an end to the situation of armed conflict and lead to the establishment of the rule of law. In that connection, the Committee notes the signing on 29 March 1994 of the Comprehensive Agreement on Human Rights, and consequently the establishment of the United Nations Mission in Guatemala (MINUGUA) and of its human rights component, as well as the conclusion on 23 June 1994 of the Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict.

223. The Committee welcomes the current Government's intentions to achieve a firm and lasting peace in Guatemala and its willingness to put an end to serious violations of human rights and create a better political, constitutional and legal framework for the full implementation of the rights enshrined in the Covenant. The Committee also welcomes the termination of offensive military actions decreed by the National Revolutionary United Front and the cessation of all counter-insurgency operations by the Government decreed by President Arzú, as well as the ending of obligatory military service, which will aid in the demilitarization of the country.

224. In that connection, the Committee welcomes the positive steps taken by the recently elected Government, such as the dismissal of certain top officials of the armed forces and the reopening of a dialogue with the armed opposition on 22 February 1996. It also welcomes the elimination of the post of the Military Commissioner (Comisionado Militar) and the demobilization of more than 14,000 persons from the security forces.

225. The Committee welcomes Guatemala's ratification of the Covenant in 1992, as well as the adoption by the Congress of legislation approving ratification of the Optional Protocol. It welcomes the indication made by the representatives of the State party that Guatemala will deposit its instrument of ratification to the Optional Protocol within the next few days.

226. The Committee welcomes the establishment of the Office of the Human Rights Procurator and the Presidential Commission for Coordinating Executive Policy in the Field of Human Rights (COPREDEH). It also welcomes the legal reform undertaken in some areas, notably constitutional amendments to bring Guatemalan law into conformity with international human rights standards, the adoption of a new Code of Criminal Procedure and the enactment of a new Law on the Prosecutor's Office (Ley Orgánica del Ministerio Público), aiming at the investigation and punishment of human rights violations.

227. The Committee welcomes recent legislation making torture, forced disappearances and extrajudicial executions punishable offences in Guatemala. It also welcomes recent developments to curb the power of military tribunals and to bring cases of human rights violations by members of the army and the security forces under the jurisdiction of civil courts.

228. The Committee welcomes the recent elections and the fact that after a failed coup d'état the authority vested in freely elected officials was strengthened.

229. The Committee is concerned that the absence of a State policy for combating impunity has prevented the identification, trial and punishment if found guilty of those responsible and the payment of compensation to the victims. The Committee is concerned that the delays and failures of the process of law and the non-compliance by the police with court decisions and orders have heightened the public perception that justice cannot be obtained.

230. The Committee expresses concern that human rights violations continue to occur in Guatemala, particularly serious and systematic violations of the right to life and liberty and security of the person carried out by paramilitary groups, many of them linked to the State's security forces.

231. The Committee is concerned at the extension of the death penalty in a way which might not be in conformity with the requirements of article 6, paragraph 2, of the Covenant.

232. The Committee notes with alarm the information received of cases of summary executions, disappearances, torture, rape and other inhuman or degrading treatment or punishment, arbitrary arrests and detention of persons by members of the army and security forces, or paramilitary and other armed groups or individuals, notably the civil self-defence patrols, and former military commissioners.

233. The Committee is concerned at the cases of violence against the repatriated population, which has resulted in extrajudicial executions, disappearances, and torture or ill-treatment. In this connection, it is concerned at the conduct of members of the civil self-defence patrols who have used their position to harass repatriated persons.

234. The Committee notes with concern that members of various social sectors, particularly members of the judiciary, lawyers, journalists, human rights activists, members of trade unions and members of political parties faced serious obstacles in the legitimate performance of their duties, being subject to intimidation, death threats and even murder. The Committee deplores that effective measures have not yet been taken to prevent recurrence of such acts.

235. The Committee is concerned that judges are subjected to supervision of an Executive Branch body which may affect their independence.

236. The Committee deplores the situation of street children in Guatemala who are subjected to serious violations of their human rights under the Covenant, particularly their right to life and to not be subjected to torture and ill-treatment. The Committee is concerned at the intensity of abuse against street children by persons of authority, including the public and private police.

237. The Committee is concerned at customs and traditions prevailing in Guatemala which discriminate against women. It is particularly concerned at the statement by the delegation that State institutions are frequently not in a position to address the problems affecting the female population. The Committee is especially concerned at violence within the family which not only affects women but also the children.

238. The Committee expresses concern at the specific impact of the prevailing violence within the country on the enjoyment by members of indigenous groups of their rights under article 27 of the Covenant. In that connection, the Committee is concerned that despite the signing of an accord between the Government and the armed opposition on 31 March 1995 on the identity and rights of the indigenous population, the law on indigenous communities required by article 17 of the Constitution has not yet been enacted.

239. The Committee is concerned at the curtailment of the right of association, especially within the workplace. In that connection, it is concerned at the high levels of violence against trade-union members, at the intimidation by agents of offshore operations and at the large number of cases of strikes that are deemed illegal.

240. The Committee strongly encourages the Government to undertake a thorough review of the legal framework for the protection of human rights in the State party to ensure full conformity with the Covenant.

241. The Committee urges the Government to continue working on the process of national reconciliation which may bring lasting peace to Guatemalan society. The Guatemalan Government should take all relevant measures to avoid cases of impunity and, especially, to allow the victims of human rights violations to learn the truth about those acts, to know who the perpetrators of such acts are and to obtain appropriate compensation.

242. The Committee recommends that the State party endeavour to bring to justice perpetrators of human rights abuses, notwithstanding the positions they may have held, in accordance with the Covenant. It urges the State party to investigate allegations of human rights violations, past and present, to act on the findings of its investigations, to bring to justice those suspected, to punish the perpetrators and to compensate the victims of such acts. Persons found guilty of having committed human rights violations should be expelled from the armed or security forces and punished accordingly.

243. The Committee recommends that the Office of the Human Rights Procurator and the Presidential Commission for Coordinating Executive Policy in the Field of Human Rights (COPREDEH) be strengthened in both resources and jurisdiction in order to ensure that they may effectively carry out their responsibilities.

244. The Committee recommends that all necessary measures be taken to ensure that human rights are respected by members of the army, the security forces and the police. It urges continuing vigorous action to ensure that persons responsible for human rights abuses do not re-enter the police, army or security forces. Immediate steps should be taken to disband paramilitary and other groups, particularly the civil self-defence patrols.

245. The Committee recommends that an educational programme be devised so that all segments of the population, in particular members of the army, the security forces and the police, as well as present and former members of the civil self-defence patrols, develop a culture of tolerance of and respect for human rights and human dignity.

246. The Committee urges the Government to take all necessary steps, including protective and pre-emptive measures, to ensure that members of various social sectors, particularly members of the judiciary, lawyers, journalists, human rights activists, members of trade unions and members of political parties, are enabled to perform their duties without intimidation of any sort.

247. The Committee recommends that the independence of the judiciary be ensured and a law regulating it be enacted.

248. The Committee recommends that appropriate stringent measures be taken to ensure the fullest possible implementation of article 24 of the Covenant, including adequate protection of street children. Stern measures must be taken to punish those found guilty of committing any kind of violence against minors, especially against those who endure hard living conditions.

249. The Committee also urges that violence, especially within the home, and acts of discrimination against women, such as sexual harassment in the workplace, be established as punishable crimes.

250. The Committee recommends that further measures be taken to ensure that members of indigenous groups are protected against the prevailing violence within the country and enjoy fully their rights under article 27 of the Covenant, particularly with regard to preservation of their cultural identity, language and religion. Legislation on indigenous communities should be enacted without delay.

251. The Committee urges that respect for human rights be institutionalized at all levels of government and recognized as an essential element of the process of national reconciliation and reconstruction. To that end, the Committee recommends that human rights education be provided in schools at all levels and that these concluding observations of the Committee are widely disseminated.

252. The Committee urges the Guatemalan Government to restrict the application of the death penalty to those crimes which might be considered most serious, in accordance with article 6, paragraph 2, of the Covenant.

253. The Committee urges that the United Nations Mission in Guatemala continue its activities in that country until it certifies that it has fully discharged its mandate relating to human rights.

254. Deeply concerned by recent executions after trials that were not in conformity with provisions of the Covenant, the Human Rights Committee on 29 November 1995, acting through its Chairman, requested the Government of Nigeria to submit its initial report without further delay for consideration by the Committee at its fifty-sixth session in March/April 1996 and, in any event, to submit by 31 January 1996 a report, in summary form if necessary, relating to the application of articles 6, 7, 9 and 14 of the International Covenant on Civil and Political Rights in the current situation.

255. The Committee appreciates the decision of the Government of Nigeria to submit its initial report (CCPR/C/92/Add.1) in time for consideration at the Committee's fifty-sixth session, as scheduled.

256. Given the importance of the report in the current situation and the constraints of the Nigerian delegation in being available for only one day, the Committee decided to divide the examination of the report into two parts, namely, the first part on articles 6, 7, 9 and 14 and the second part on the remaining articles of the Covenant.

257. The first part was considered at the 1494th and 1495th meetings of the Committee, on 1 April 1996. Further consideration of the report was adjourned to the Committee's fifty-seventh session (see paras. 267-305 below).

258. In the light of the examination of the first part of the report and the observations made by members of the Committee, the Committee adopted on 3 April 1996, at its 1499th meeting, the following preliminary observations and urgent recommendations.

259. The Committee noted fundamental inconsistencies between the obligations undertaken by Nigeria under the Covenant to respect and ensure rights guaranteed under the Covenant and the implementation of those rights in Nigeria.

260. In particular, the incommunicado detention for an indefinite period and the suppression of habeas corpus constitute violations of article 9 of the Covenant.

261. The establishment by presidential decree of several types of special tribunals, including their composition and rules of procedure, which exclude the free choice of a lawyer, and the absence of any provisions for appeals constitute violations of rights provided under article 14 of the Covenant, as well as of article 6, paragraphs 1 and 2, when a sentence of death is pronounced.

262. The failure to respect those guarantees led to the arbitrary deprivation of life of Mr. Ken Saro Wiwa and the other accused.

263. There did not appear to have been any serious investigations into allegations of torture, ill-treatment or conditions of detention, which raise serious issues under article 7 of the Covenant.

264. The Committee, in particular, recommends that all the decrees establishing special tribunals or revoking normal constitutional guarantees of fundamental rights or the jurisdiction of the normal courts (such as the State Security (Detention of Persons) Decree No. 2 of 1984, the Federal Military Government Supremacy and Enforcement of Power Decree No. 12 of 1994, the Civil Disturbances (Special Tribunal) Decree No. 2 of 1987 and the Treason and Other Offences (Special Military Tribunal) Decree No. 1 of 1986), which violate some of the basic rights under the Covenant, be abrogated and that any trials before such special tribunals be immediately suspended.

265. The Committee recommends that urgent steps be taken to ensure that persons facing trial are afforded all the guarantees of a fair trial as explicitly provided in article 14, paragraphs 1, 2 and 3, and to have their conviction and sentence reviewed by a higher tribunal, in accordance with article 14, paragraph 5, of the Covenant.

266. The Committee requests the Government of Nigeria to inform the Committee at the resumed consideration of the report in July 1996 of the steps it has taken to implement the above recommendations.

267. Following the examination of the initial report of Nigeria insofar as it related to the application of articles 6, 7, 9 and 14 of the Covenant in Nigeria, the Committee, at its 1499th meeting, on 3 April 1996, adopted certain urgent recommendations (paras. 264-266 above). These included the abrogation of all decrees establishing special tribunals or revoking normal constitutional guarantees of fundamental rights or the jurisdiction of the normal courts and the adoption of urgent steps to ensure that persons facing trial were afforded all guarantees of a fair trial.

268. The dialogue with Nigeria continued during the fifty-seventh session. At its 1526th and 1527th meetings, on 24 July 1996, the Committee adopted the following concluding comments.

269. The Committee welcomes the opportunity to resume the dialogue with the Government of Nigeria through a high-ranking delegation that included members of the newly established National Human Rights Commission.

270. The Committee notes that the continuation of the military regime and in particular the suspension of constitutional guarantees of rights by decrees of that regime are an obstacle to the effective implementation of rights protected under the Covenant.

271. The Committee notes also that the failure of the Government to undertake an analysis of laws and procedures, including customary laws, to assess their compatibility with the Covenant has prevented the effective implementation of rights protected by the Covenant.

272. The inter-ethnic and inter-religious violence which persists in Nigeria appears to affect adversely the enjoyment of rights and freedoms protected by the Covenant.

273. The Committee notes the measures that have been taken by the Government since the fifty-sixth session to overcome some obstacles to the enjoyment of rights which were identified by the Committee. It appreciates that the newly enacted Civil Disturbances (Special Tribunal) (Amendment) Decree removes military personnel from the Civil Disturbances Tribunal and provides for the right of appeal from its sentences and convictions. It welcomes the repeal of Decree No. 14 of 1994 (which precluded courts from issuing writs of habeas corpus) by the State Security (Detention of Persons) (Amendment) (No. 2) (Repeal) Decree, adopted on 7 June 1996. It also notes that a panel has been established to review cases of detention under Decree No. 2 of 1984.

274. The Committee welcomes the fact that municipal elections have been held, that political parties have been registered, that preparations are proceeding for national elections and that the year for those elections has been announced.

275. The Committee welcomes the adoption of Decree No. 22 of 1995, establishing the National Human Rights Commission, which has been given certain responsibilities regarding the promotion and protection of human rights.

276. It further welcomes the establishment of the Ministry of Women's Affairs and Social Welfare and the measures taken to promote the participation of women at all levels of the political, economic and social life of the country.

277. The Committee also welcomes the willingness of the Nigerian Government to undertake an analysis of the legal system in the light of its obligations under the Covenant and to seek technical assistance from the United Nations Centre for Human Rights in that process.

278. The Committee notes with deep concern that measures have not been adopted to address all the issues of concern identified by the Committee at its fifty-sixth session and to implement the urgent recommendations in its preliminary comments (paras. 264-266 above). In particular, the Committee is concerned that the Government of Nigeria has not abrogated the decrees establishing special tribunals or those revoking normal constitutional guarantees of fundamental rights or the jurisdiction of the normal courts. The Committee deplores the statement of the delegation that the decrees are not to be abrogated because they pre-dated the entry into force of the Covenant in Nigeria and are an essential part of military rule in Nigeria. The Covenant precludes measures derogating from the State party's obligations other than in the limited circumstances provided for by article 4, which have not been applied in the case of Nigeria.

279. The Committee expresses its grave concern that the continuation of military government and rule by presidential decrees, which suspend or override constitutional rights and are not open to review by the courts, are incompatible with the effective implementation of the Covenant.

280. The Committee wishes to reiterate that there remain fundamental inconsistencies between the obligations undertaken by Nigeria to respect and ensure rights guaranteed under the Covenant and the implementation of those rights in Nigeria. It is further concerned that there is no legal protection of rights in Nigeria, as a consequence of the non-applicability of the 1989 Constitution and the adoption of Decree No. 107 of 1993 that re-established the 1979 Constitution, while excluding the application of the section dealing with basic rights. Another concern of the Committee is the number of decrees suspending or restoring previous laws, with exceptions in some cases. The result appears to be uncertainty as to which rights may be invoked and which are suspended.

281. The Committee must repeat its earlier expression of serious concern in relation to the establishment by decree of special tribunals which operate without observing the requirements of fair trial, as required by article 14 of the Covenant.

282. The Committee is concerned that, under Nigerian law, the death penalty may be imposed for crimes which do not constitute "the most serious offences", as required by article 6 of the Covenant and that the number of death sentences passed and actually carried out is very high. The fact that sentences of death are passed without the safeguard of fair trial violates the provisions of article 14, paragraph 1, and article 6 of the Covenant. Public executions are also incompatible with human dignity.

283. The Committee notes with concern that, following the introduction of measures to overcome certain specific violations of rights in regard to the composition of special tribunals and the right of appeal, no compensation has been offered to victims of the human rights abuses which had already occurred under the previous measures.

284. The Committee is deeply concerned by the high number of extrajudicial and summary executions, disappearances, cases of torture, ill-treatment, and arbitrary arrest and detention by members of the army and security forces and by the failure of the Government to investigate fully those cases, to prosecute alleged offences, to punish those found guilty and to provide compensation to the victims or their families. The resulting state of impunity encourages further violations of Covenant rights.

285. The Committee is disturbed at the poor conditions in places of detention, including severe overcrowding and lack of sanitation, adequate food, clear water and health care, all of which contribute to a large number of deaths in custody. The Committee emphasizes that it is incompatible with the Covenant to hold prisoners under conditions which do not meet the basic guarantees provided in article 10 of the Covenant as well as in the United Nations Standard Minimum Rules for the Treatment of Prisoners, despite the adoption by Nigeria of prison regulations and the Prisons Act (1990).

286. The Committee is concerned at the large number of persons detained without charge, and at the lengthy periods of pretrial detention, which are incompatible with article 9 of the Covenant. It is particularly concerned that incommunicado detention is commonly ordered, often for indefinite periods and without access to judicial review, in violation of article 9.

287. The Committee is seriously concerned at violations of the right to freedom of expression, as exemplified by the adoption of a number of decrees suspending newspapers and by the arbitrary arrest, detention and harassment of editors or journalists.

288. The Committee notes with concern the extent of restrictions to freedom of association and assembly in law and in practice. The Committee is concerned by numerous reports that members of unions were harassed and intimidated, sometimes even arrested and detained, and that the dissolution of certain unions was ordered by the Government.

289. The Committee is concerned at the arrest and detention of officers of human rights organizations, involving violations of articles 9 and 22 of the Covenant and interfering with the free exercise of the significant role played by such organizations in the protection of human rights.

290. The Committee takes note of allegations by a Nigerian non-governmental organization (Civil Liberty Organization) that two of its officials were prevented by the State Security Service from attending the fifty-sixth session of the Committee and had their passports impounded. It regrets that despite a letter by the Chairman giving details of those allegations, an investigation was not completed before the fifty-seventh session and no information could be provided about the circumstances alleged. Preventing persons from leaving their country violates article 12, paragraph 2, of the Covenant, and it is incompatible with the State's obligation to cooperate with the Committee to prevent persons from leaving their country in order to attend meetings of the Committee.

291. The Committee expresses its concern about the situation of women in Nigeria, particularly as regards their low level of participation in public life and the continued application of marriage regimes which permit polygamy and do not fully respect the equal rights of women. It expresses particular concern about the widespread practices of forced marriage and of genital mutilation of girls.

292. The Committee recommends that immediate steps be taken to restore democracy and full constitutional rights in Nigeria.

293. As already recommended by the Committee, all decrees revoking or limiting guarantees of fundamental rights and freedoms should be abrogated. All courts and tribunals must comply with all standards of fair trial and guarantees of justice prescribed by article 14 of the Covenant.

294. The Committee recommends that a review of the legal framework for the protection of human rights in Nigeria be undertaken in order to ensure that the principles of the Covenant are incorporated into the legal system and that effective remedies are provided in case of violations of rights.

295. The Committee also recommends that Decree No. 107 of 1993 and any other measures which abrogate or suspend the application of the basic rights enshrined in the 1979 Constitution be abrogated so that the legal protection of those rights is restored in Nigeria. The Committee recommends that the State party ensure that there is no such abrogation or derogation in future other than in strict compliance with article 4 of the Covenant - that is, in time of public emergency which threatens the life of the nation and which is officially proclaimed and communicated to the Secretary-General of the United Nations.

296. The Committee requests the State party to take effective measures to ensure the full and equal enjoyment by women of the rights and freedoms protected by the Covenant. Those measures should ensure the equal participation of women at all levels of the political, social and economic life of the country. The Committee recommends that steps be taken, in particular through education, to overcome certain traditions and customs, such as female genital mutilation and forced marriage, which are incompatible with the equal rights of women.

297. The Committee recommends that the State party consider the abolition of the death penalty. Until its abolition the State party must ensure that the application of the death penalty is strictly limited to the most serious crimes, as required by article 6, paragraph 2, of the Covenant, and that the number of crimes for which the death penalty is imposed is reduced to the minimum. Urgent steps should be taken to ensure that persons facing trial are afforded all the guarantees of a fair trial, as explicitly provided for in article 14, paragraphs 1, 2 and 3 of the Covenant, and to have their conviction and sentence reviewed by a higher tribunal, in accordance with article 14, paragraph 5.

298. The Committee recommends that the Nigerian authorities take effective measures to prevent arbitrary, extrajudicial and summary executions, as well as torture, ill-treatment, and arbitrary arrest and detention by members of the security forces, and to investigate any such cases in order to bring before the courts those suspected of having committed or participated in such crimes, to punish them if found guilty and to provide compensation to victims or to their families.

299. The Committee recommends that urgent steps be taken to release all persons who have been detained arbitrarily or without charge and to reduce the period of pretrial detention. The practice of incommunicado detention should cease. Compensation should be provided in the cases indicated by article 9, paragraph 5, of the Covenant.

300. The Committee recommends that the State party take all necessary measures to ensure that the conditions of detention of persons deprived of their liberty fully meet article 10 of the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. The overcrowding of prisons should be reduced by overcoming delays in the trial process, by considering alternative forms of punishment or by expanding the number of prison places.

301. The Committee recommends that the legislation and practice relating to the exercise of freedom of expression be revised and amended in order to comply with the provisions of article 19 of the Covenant.

302. The Committee also recommends that measures be taken to ensure that the right to form and join trade unions is respected, as required by article 22 of the Covenant, and that the plan calling for trade union elections in October 1996 is implemented.

303. The Committee recommends that attention be given by the federal and state authorities to the situation of persons belonging to minorities so that their rights as enshrined in article 27 of the Covenant are fully protected. In this regard, due consideration should be given to the Committee's general comment No. 23 (50).

304. The Committee wishes to emphasize that the consideration of reports submitted under article 40 of the Covenant takes place in public meetings and in the presence of representatives of the State party concerned. Representatives of non-governmental organizations, whether internationally or locally based, are entitled to attend the meetings at which reports are being considered and to provide information to members of the Committee on an informal basis. The Government of Nigeria should ensure that individuals, including members of non-governmental organizations are not prevented from leaving Nigeria to attend the Committee's sessions, should conduct immediate investigations into the allegations mentioned in paragraph 290 above and should inform the Committee of the result of those investigations.

305. The Committee recommends that the Government of Nigeria ensure that the National Human Rights Commission, or other agency, takes steps to inform and educate the community about the rights and freedoms protected by the Covenant and the Constitution and about the remedies available in case of violation of rights. It should seek the assistance of the technical and advisory services of the United Nations Centre for Human Rights in that process.

306. The Committee considered the initial report of Brazil (CCPR/C/81/Add.6) at its 1506th to 1508th meetings (fifty-seventh session), on 10 and 11 July 1996, and at its 1526th meeting, on 24 July 1996, adopted the following comments.

307. The Committee expresses its appreciation to the State party for submitting an initial report that was prepared in accordance with the reporting guidelines. The frankness and comprehensiveness of the information contained in the report merit special mention. Appreciation is also expressed for the introductory statement delivered by the delegation, detailing steps taken by the State party to give effect to the provisions of the Covenant after the report was submitted. The Committee welcomed the candid manner in which the high-level delegation responded to questions posed by Committee members. The exchange of views with the delegation was constructive and fruitful, although the Committee regrets that some of the questions raised during the examination of the State party's report remained unanswered.

308. The enormous disparities in distribution of wealth between different sections of the population would appear to be a major factor behind phenomena described in the report that are incompatible with enjoyment of the most basic rights protected under the Covenant.

309. The Committee acknowledges the Federal Government's commitment to adopt measures to enhance protection of the rights provided for under the Covenant. It welcomes legislative and other measures undertaken in recent years by the State party with a view to strengthening the promotion and protection of human rights. In this regard, the Committee takes note of the recent ratification by the State party of international and regional human rights instruments. It also welcomes the launching of the national human rights programme through Decree No. 1904 of 13 May 1996, which is intended to accelerate the process of respect and observance of human rights. The proposed initiatives to restructure and strengthen the role of the Council for the Defence of Human Rights and the establishment of the Office of the Public Defender as a means of facilitating public access to the judicial system are noted with interest by the Committee. The Committee also supports the measures being taken by the Federal Government that will allow the Attorney-General to bring cases of human rights violations to the Federal system of justice.

310. With regard to the State party's obligations under articles 2 and 50 of the Covenant, the Committee is concerned that measures taken to ensure the implementation of Covenant rights in all parts of the Federation remain ineffective and inadequate, particularly in view of the vastness of the territory and the remoteness of certain areas. It questions whether the Federal

Government has established the necessary means to ensure that state and local governments in Brazil will protect Covenant rights effectively.

311. The Committee is deeply concerned by cases of summary and arbitrary executions committed by security forces and by death squads, frequently involving members of security forces, against individuals belonging to particularly vulnerable groups that include street children, landless peasants, indigenous people and trade-union leaders.

312. The Committee also expresses its deep concern over the prevalence of torture, arbitrary and unlawful detention, death threats and acts of violence against prisoners committed by security forces and, in particular, by the military police.

313. The Committee deplores the fact that cases of summary and arbitrary executions, torture, death threats, arbitrary and unlawful detention and violence against detainees and other prisoners are seldom properly investigated and very frequently go unpunished. Members of security forces implicated in gross human rights violations enjoy a high level of impunity, which is incompatible with the Covenant.

314. The Committee is deeply concerned over the intolerable conditions in prisons and jails, including, first and foremost, overcrowding. The Committee deplores the fact that some convicted persons are not released immediately at the end of their imposed sentences and that fear of reprisals by prison authorities or individual warders inhibits complaints by prisoners and detainees.

315. The Committee is concerned over the practice of trying military police accused of human rights violations before military courts, and it regrets that jurisdiction to deal with those cases has not yet been transferred to the civilian courts.

316. The Committee is concerned about threats against members of the judiciary; those threats compromise the independence and impartiality of the judiciary which are fundamental to the rights protected under article 14 of the Covenant.

317. The Committee notes with concern that when members of State security forces are accused of human rights violations, witnesses are not afforded protection against reprisals, intimidation, threats and harassment.

318. The Committee expresses its concern over the situation of women who, despite some improvements, continue to be the subject of de jure and de facto discrimination, including discrimination in access to the labour market. It shares the concern of the State party that violence against women remains a major problem to be more effectively addressed.

319. The Committee is concerned about the widespread problem of forced labour and debt bondage, especially in the rural areas. The grave problems of child labour and child prostitution remain matters of deep concern to the Committee.

320. The Committee is particularly concerned over the existence of racial and other discrimination against black and indigenous persons. It notes that the Government has been pursuing a process of demarcation of indigenous lands in Brazil as a means of protecting the rights of the indigenous communities, but regrets that the process is far from completion.

321. The Committee urges the State party to ensure that the provisions of the Covenant are fully implemented in all parts of its territory in accordance with its obligations under articles 2 and 50.

322. The Committee acknowledges the Federal Government's commitment to ensuring that national legislation is in full conformity with the provisions of the Covenant and trusts that it will continue to give high priority to the adoption and implementation of amendments to existing laws and the new legal codes proposed in order to ensure compliance with the State party's international human rights obligations.

323. The Committee welcomes the proposed bill (No. 4.716-A/94) defining torture as a specific crime and the bill (PL 2801/92) that will transfer from the military to the civilian system of justice the competence to try members of the military police accused of human rights violations against civilians. It urges the State party to ensure speedy enactment of those bills.

324. The Committee urges the Government of Brazil to take immediate and effective steps to prevent and combat human rights violations by members of the security forces, especially cases of summary and arbitrary executions, torture, excessive use of force and arbitrary detention. Those steps should include the education and sensitization of law enforcement officials, particularly the military police, about human rights. Campaigns and programmes should be developed accordingly and the systematic incorporation of human rights education in all training activities ensured.

325. It is imperative that stringent measures be adopted to deal with the issue of impunity by ensuring that allegations of human rights violations are promptly and thoroughly investigated, that the perpetrators are prosecuted, that appropriate punishment is imposed on those convicted and that victims are adequately compensated. The State party should ensure that members of the security forces convicted of serious offences are permanently removed from the forces and that those members of the forces against whom allegations of such offences are being investigated are suspended from their posts pending completion of the investigation.

326. Immediate steps should be taken to ensure that convicted persons are released without delay on completion of their sentences.

327. The Committee strongly recommends that all complaints of misconduct by members of security forces be investigated by an independent body and not by the security forces themselves. Formal mechanisms for receipt and investigation of such complaints should be established in all areas of the country and their existence publicized. Such mechanisms must make provision for effective protection of complainants and witnesses against intimidation and reprisals.

328. In light of the statement in the State party's report that the general level of infant mortality is still high, the State party must strengthen measures to reduce that level.

329. The Committee recommends that the State party continue its consideration of further ways to improve the effectiveness of the judicial process. The Government should consider the establishment of small claims courts and petty offences courts that would help to reduce the backlog of cases pending before the courts.

330. The Committee stresses the duty of the State party, under article 10 of the Covenant, to ensure that all persons deprived of their liberty are treated with humanity and respect for the inherent dignity of the human person. Given the information provided in the State party's report about the intolerable conditions of prisons and jails, especially overcrowding, the State party is under an obligation to adopt measures that will ensure compliance with article 10. Measures to reduce overcrowding might include adoption of alternative sentencing measures that would allow some convicted persons to serve their sentences in the community. To the extent that overcrowding cannot be solved by reducing the number of persons imprisoned or detained, the State party is obligated to commit greater resources to enlarge the capacity of the penitentiary system. Steps must also be taken to ensure that effective programmes are in place for the social rehabilitation and reformation of prison inmates.

331. The Committee strongly recommends that regular training courses on human rights be held for lawyers, prosecutors and judges.

332. The Committee recommends adoption of legislation that will prohibit discrimination on all the grounds covered by article 2, paragraph 1, of the Covenant. The provisions of domestic legislation regulating the legal age of maturity in civil life and the right of every citizen to have access to public service should be reviewed so as to ensure their conformity with the relevant provisions of the Covenant, namely article 2, paragraph 1, and articles 16 and 25.

333. The Committee is of the opinion that the distinction between Brazilian-born and naturalized Brazilian citizens, adopted in article 12 (3) of the Constitution as a criterion of access to certain positions in public life, is incompatible with articles 2 and 25 of the Covenant and needs to be addressed accordingly by the State party.

334. The Committee is of the opinion that multiplicity of trade unions should be possible under the law, as required by article 22 of the Covenant.

335. The Committee recommends that the State party put in place effective enforcement mechanisms that will ensure the implementation of Law No. 9.029, prohibiting the requirement of pregnancy and sterilization certificates and other discriminatory practices in employment. It urges that bill No. 382-B/91, concerning equality of access to the labour market, be adopted without further delay. The Committee trusts that the proposals contained in the Brazilian national human rights plan relating to the combating of violence against women will be fully implemented without delay.

336. The Committee urges the State party to enforce laws prohibiting forced labour, child labour and child prostitution and to implement programmes to prevent and combat such human rights abuses. In addition, the Committee exhorts the State party to establish more effective supervisory mechanisms to ensure compliance with the provisions of national legislation and relevant international standards. It is imperative that persons who are responsible for, or who directly profit from, forced labour, child labour and child prostitution be severely punished under law.

337. The Committee recommends that the State party take immediate steps to guarantee the rights of individuals belonging to racial minorities and indigenous communities, especially with regard to their access to quality health services and education. Such steps should ensure greater school enrolment and reduce the incidence of school drop-out. It is the view of the Committee that, in light of article 27 of the Covenant, all necessary measures should be taken to ensure that the process of demarcation of indigenous lands is speedily and justly settled.

338. The Committee recommends that the State party accede to both Optional Protocols to the International Covenant on Civil and Political Rights.

339. The Committee began its consideration of the third periodic report of Peru (CCPR/C/83/Add.1 and HRI/CORE/1/Add.43/Rev.1) at its 1519th to 1521st meetings (fifty-seventh session), on 18 and 19 July 1996, at which it dealt with urgent issues relating to the implementation of articles 2, 4, 6, 7, 9, 10, 14 and 27 of the Covenant. Further consideration of the report was adjourned to the fifty-eighth session of the Committee. In the light of the examination of the first part of the report and the comments made by its members, the Committee, at its 1528th meeting, on 25 July 1996, adopted the following preliminary comments and recommendations.

340. The Committee welcomes the third periodic report submitted by the State party and welcomes the delegation's willingness to engage in a dialogue with the Committee. The Committee regrets, however, that although the report and the additional written and oral information provided by the delegation of Peru in answer to the questions raised by the Committee provided information on general legislative norms in Peru, it largely failed to deal with the actual state of implementation of the Covenant in practice and the difficulties encountered in the course of implementation. The Committee appreciated the presence of a high-level delegation which provided helpful information to the Committee in response to some of its questions and thus allowed it to obtain a somewhat clearer view of the overall human rights situation in the State party.

341. The Committee is aware that Peru has been plagued by terrorist activities, internal disorder and violence. The Committee affirms the right and duty of the State party to take firm measures to protect its population against terror. However, many of the measures adopted by the Government have frustrated implementation of the rights protected under the Covenant.

342. The Committee notes that there seems to be a trend towards reducing the level of violence within the country, a significant diminution of the number of reported disappearances and the return of internally displaced persons to their residence. The Committee expresses the hope that that trend will lead to the full restoration of the rule of law and a return to normalcy in the political and social life of the nation. In this connection, it welcomes recent laws modifying the anti-terrorist laws to permit, inter alia, representation by human rights lawyers of multiple defendants suspected of terrorism and drug trafficking and cross-examination by lawyers of police and security personnel. The Committee also welcomes the decree modifying Decree Law 25,475, by which an accused person whose acquittal has been annulled by the Supreme Court, and so has to be retried, is no longer required automatically to be detained; the courts can place on him an obligation to appear for his new trial.

343. The Committee notes with satisfaction the establishment of the Office of the Public Ombudsman and the National Registry of Detainees. In this regard, it notes the delegation's statement that the Office of the Public Ombudsman, though not yet fully functional, is already receiving and investigating complaints of human rights violations. It notes with satisfaction that, following the adoption of the 1993 Constitution, the members of the Constitutional Court have been appointed and the Court is now in position to exercise its functions.

344. The Committee further welcomes the adoption of Decree Law 26,447, which as of April 1995 raised the age of criminal responsibility from 15 to 18 years of age, as well as of Decree Law 25,398, which repealed the repentance law, and Decree Law 26,248, which restored habeas corpus.

345. With respect to article 27 of the Covenant, the Committee welcomes action taken to protect the rights of indigenous communities, including efforts to provide education in national and native languages, promote economic development and establish other mechanisms for their protection.

346. The Committee deplores the fact that its suggestions and recommendations contained in the concluding comments adopted at the end of the consideration of Peru's second periodic report and supplementary reports (CCPR/C/79/Add.8) have not been implemented.

347. The Committee is deeply concerned that the amnesty granted by Decree Law 26,479 on 14 June 1995 absolves from criminal responsibility and, as a consequence, from all forms of accountability, all military, police and civilian agents of the State who are accused, investigated, charged, processed or convicted for common and military crimes for acts occasioned by the "war against terrorism" from May 1980 until June 1995. It also makes it practically impossible for victims of human rights violations to institute successful legal action for compensation. Such an amnesty prevents appropriate investigation and punishment of perpetrators of past human rights violations, undermines efforts to establish respect for human rights, contributes to an atmosphere of impunity among perpetrators of human rights violations and constitutes a very serious impediment to efforts undertaken to consolidate democracy and promote respect for human rights and is thus in violation of article 2 of the Covenant. In this connection, the Committee reiterates its view, as expressed in its general comment No. 20 (44), that that type of amnesty is incompatible with the duty of States to investigate human rights violations, to guarantee freedom from such acts within their jurisdiction and to ensure that they do not occur in the future.

348. In addition, the Committee expresses serious concern in relation to the adoption of Decree Law 26,492 and Decree Law 26,6181, which purport to divest individuals of the right to have the legality of the Amnesty Law reviewed in courts. With regard to article 1 of that law, declaring that it does not undermine the international human rights obligations of the State, the Committee stresses that domestic legislation cannot modify a State party's international obligations under the Covenant.

349. The Committee notes with concern that provisions of article 4 of the Covenant have often been disregarded during the reporting period in that rights which are allowed to be derogated from only in time of an officially proclaimed state of emergency have been, and still are, restricted without the conditions of derogation being met.

350. The Committee expresses its deepest concern about Decree Law 25,475 and Decree Law 25,659, which seriously impair the protection of the rights contained in the Covenant for persons accused of terrorism and contradicts in many respects the provisions of article 14 of the Covenant. Decree Law 25,475 contains a very broad definition of terrorism under which innocent persons have been and remain detained. It establishes a system of trial by "faceless judges", in which the defendants do not know who the judges are who are trying them and are denied public trials, and which places serious impediments, in law and in fact, to the possibility for defendants to prepare their defence and communicate with their lawyers. Under Decree Law 25,659, cases of treason are tried by military courts, regardless of whether the defendant is a civilian or a member of the military or security forces. In this connection, the Committee expresses its deep concern that persons accused of treason are being tried by the same military force that detained and charged them, that the members of the military courts are active duty officers, that most of them have not received any legal training and that there is no provision for sentences to be reviewed by a higher tribunal. Those shortcomings raise serious doubts about the independence and impartiality of the judges of military courts. The Committee emphasizes that trials of non-military persons should be conducted in civilian courts before an independent and impartial judiciary.

351. While taking note of bills aiming at granting pardon to some categories of persons convicted of terrorism and treason, the Committee is concerned at the absence of systematic review of the convictions pronounced as a result of trials before the military courts which have not met the requirement of a fair trial as specified in article 14 of the Covenant.

352. The Committee notes with concern that judges retire at the end of seven years and require recertification for reappointment, a practice which tends to affect the independence of the judiciary by denying security of tenure.

353. The Committee notes with deep concern the extension of the death penalty in the 1993 Constitution to a wider range of activities than in the 1979 Constitution. The Committee recalls its general comment No. 6 (16), on article 6 of the Covenant, in which it indicated that States are obliged to abolish the death penalty for other than the most serious crimes. Extension of the scope of application of the death penalty raises questions as to compatibility with article 6.

354. The Committee expresses its deepest concern with respect to the cases of disappearances, summary executions, torture, ill-treatment and arbitrary arrest and detention by members of the army and security forces and the Government's failure to investigate fully those cases, to prosecute alleged offences, to punish those found guilty and to provide compensation to the victims and their families. The Committee is particularly concerned at the failure to resolve the high number of cases of past disappearances.

355. The Committee is deeply concerned by persistent reports of torture or cruel, inhuman or degrading treatment of persons detained under suspicion of involvement in terrorist activities or other criminal activities. It regrets the failure of the State party to provide the Committee with detailed information on the measures adopted to prevent torture and cruel, degrading or inhuman treatment and to punish those responsible. It draws attention to the legislation which permits incommunicado detention in certain cases. In this connection, the Committee reiterates its view, as expressed in its general comment No. 20 (44), on article 7 of the Covenant, that incommunicado detention is conducive to torture and that, consequently, the practice should be avoided.

356. The Committee notes with concern that provisions in article 2, paragraph 24 (f), of the Constitution, which permit preventive detention for up to 15 days in cases of terrorism, espionage and illicit drug-trafficking, as well as Decree Law 25,475, which authorizes extension of preventive detention in certain cases for up to 15 days, raise serious issues with regard to article 9 of the Covenant.

357. The Committee takes note of Decree Law 25,499 of 1992, according to which repentance of one's association with a terrorist organization and information concerning such organizations or which lead to the identification of other persons involved can lead to a reduction in sentence. The Committee is concerned that the law may have been used by individuals to denounce innocent persons in order to avoid prison sentences or to reduce their length, a concern that is supported by the fact that there are at least seven draft proposals - one of them from the Defensor Público and another from the Ministry of Justice - and a Decree Law 26,329 attempting to solve the problem of innocent people being prosecuted or having been convicted under the anti-terrorist laws.

358. The Committee recommends that necessary steps be taken to restore the authority of the judiciary and give effect to the right to effective remedy under article 2 of the Covenant and thus overcome the prevailing atmosphere of impunity. In view of the fact that the Committee considers that the amnesty laws violate the Covenant, it recommends that the Government of Peru review and repeal those laws to the extent of such violations. In particular, it urges the Government to remedy the unacceptable consequences of those laws by, inter alia, establishing an effective system of compensation for the victims of human rights violations and taking the necessary steps to ensure that the perpetrators of those violations do not continue to hold government positions.

359. The Committee urges the State party to take immediate measures to release innocent prisoners and provide them with compensation and to systematically revise, on a non-discretionary basis, convictions handed down by the military tribunals in treason and terrorism cases, particularly convictions based on lack of identification documents or on evidence obtained in the application of the repentance law. The same applies to detainees awaiting trial.

360. The Committee urges the State party to take effective measures to investigate allegations of summary executions, disappearances, torture and ill-treatment, and arbitrary arrest and detention, to bring the perpetrators to justice, to punish them and to compensate victims. If allegations of such crimes have been made against members of the security forces, whether military or civilian, the investigations should be carried out by an impartial body that does not belong to the organization of the security forces themselves. Persons convicted of such crimes should be dismissed and, pending the outcome of the investigation, be suspended from office.

361. Urgent measures should be taken to strictly limit incommunicado detention. Provisions should be made in the Penal Code to criminalize acts that are committed for the purpose of inflicting pain, without prejudice as to whether those acts result in permanent injury.

362. The duration of preventive detention should be reasonable and any arrested person should be brought promptly before a judge.

363. The Committee particularly urges that the system of "faceless judges" be abolished and that public trials for all defendants, including those charged with terrorist-related activities, be reinstated immediately. The Government of Peru should ensure that all trials are conducted with full respect for the safeguards of fair trial provided by article 14 of the Covenant, including in particular the right to communicate with counsel and the right to have time and facilities to prepare the defence and the right to have the conviction reviewed.

364. In addition, the Committee recommends that the requirement for judges to be recertified be reviewed and replaced by a system of secure tenure and independent judicial supervision. During the reform process being undertaken in the judicial order, the Committee recommends that every effort be made to ensure the independence and impartiality of the judiciary.

365. At its 1510th meeting (fifty-seventh session), on 12 July 1996, the Committee adopted general comment No. 25 (57), on article 25 of the Covenant, which it had previously considered at its 1384th, 1385th, 1399th, 1414th, 1422nd, 1423rd, 1447th, 1448th, 1460th, 1492nd, 1493rd, 1500th, 1501st, 1509th and 1510th meetings on the basis of a draft initially submitted to the Committee by the working group on article 40, which had met before the fifty-first session. Pursuant to the request of the Economic and Social Council, the Committee decided to transmit the text of the general comment to the Council at its substantive session in 1997. The text of general comment No. 25 (57) is contained in annex V of the present report.

366. At its fifty-sixth session, the Committee decided to begin work on the updating of general comment No. 4 (13), on article 3 of the Covenant, and to prepare new general comments on articles 2 and 12 of the Covenant and, subsequently, on articles 21 and 22.

367. The Committee received comments, under article 40, paragraph 5, of the Covenant, concerning its general comment No. 24 (52), on issues relating to reservations made upon ratification of or accession to the Covenant or the Optional Protocols thereto or relating to statements made under article 41 of the Covenant. Those comments, which were transmitted by France, are contained in annex VI of the present report.

368. Individuals who claim that any of their rights under the International Covenant on Civil and Political Rights have been violated, and who have exhausted all available domestic remedies, may submit written communications to the Human Rights Committee for consideration under the Optional Protocol. Of the 137 States that have ratified or acceded to the Covenant, as at 28 July 1996 (see annex I), 88 have accepted the Committee's competence to deal with individual complaints by becoming parties to the Optional Protocol, including four States that have ratified or acceded to the Optional Protocol since the Committee's last report: Croatia, Malawi, Uganda and Uzbekistan. No communication can be examined by the Committee if it concerns a State party to the Covenant that is not also a party to the Optional Protocol.

369. Consideration of communications under the Optional Protocol is confidential and takes place in closed meetings, in conformity with article 5, paragraph 3, of the Optional Protocol. All documents pertaining to the work of the Committee under the Optional Protocol - submissions from the parties and other working documents of the Committee - are confidential. Rules 96 to 99 of the Committee's rules of procedure regulate the confidentiality of documents. The texts of final decisions of the Committee, consisting of views adopted under article 5, paragraph 4, of the Optional Protocol, are, however, made public. As regards decisions declaring a communication inadmissible, which are also final, the Committee has decided that it will normally make those decisions public. In that connection, the Committee set up an ad hoc working group to study its methods of work and, inter alia, the question of the confidentiality of submissions from the parties.

370. The Committee started its work under the Optional Protocol at its second session, in 1977. Since then, 716 communications concerning 51 States parties have been registered for consideration by the Committee, including 70 placed before it during the period covered by the present report.

(a) Concluded by views adopted under article 5, paragraph 4, of the Optional Protocol: 239;

372. In addition, the secretariat of the Committee has approximately 400 communications on file, the authors of which have been advised that further information would be needed before their communications could be registered for consideration by the Committee. The authors of a number of additional communications have been informed that their cases will not be submitted to the Committee, as they fall clearly outside the scope of the Covenant or appear to be frivolous.

373. Two volumes containing selected decisions of the Human Rights Committee under the Optional Protocol, from the second to the sixteenth sessions and from the seventeenth to the thirty-second sessions, respectively, have been published (CCPR/C/OP/1 and 2).

374. During the fifty-fifth to fifty-seventh sessions, the Committee concluded consideration of 29 cases by adopting views thereon. These cases are: Nos. 373/1989 (Stephens v. Jamaica), 390/1990 (Lubuto v. Zambia), 422-424/1990 (Aduayom et al. v. Togo), 434/1990 (Seerattan v. Trinidad and Tobago), 454/1991 (García Pons v. Spain), 459/1991 (Wright and Harvey v. Jamaica), 461/1991 (Graham and Morrison v. Jamaica), 480/1991 (García Fuenzalida v. Ecuador), 505/1992 (Ackla v. Togo), 512/1992 (Pinto v. Trinidad and Tobago), 519/1992 (Marriott v. Jamaica), 521/1992 (Kulomin v. Hungary), 523/1992 (Neptune v. Trinidad and Tobago), 527/1993 (Lewis v. Jamaica), 537/1993 (Kelly v. Jamaica), 540/1993 (Celis Laureano v. Peru), 542/1993 (Tshishimbi v. Zaire), 546/1993 (Burrell v. Jamaica), 563/1993 (Bautista v. Colombia), 566/1993 (Somers v. Hungary), 571/1994 (Henry and Douglas v. Jamaica), 586/1994 (Adam v. Czech Republic), 588/1994 (Johnson v. Jamaica), 589/1994 (Tomlin v. Jamaica), 596/1994 (Chaplin v. Jamaica), 597/1994 (Grant v. Jamaica), 598/1994 (Sterling v. Jamaica), 599/1994 (Spence v. Jamaica) and 600/1994 (Hylton v. Jamaica). The texts of the Committee's views in these 29 cases are contained in annex VIII.

375. The Committee also concluded consideration of 11 cases by declaring them inadmissible. These cases are: Nos. 472/1991 (J. P. L. v. France), 557/1993 (X v. Australia), 573/1994 (Atkinson et al. v. Canada), 584/1994 (Valentijn v. France), 608/1995 (Nahlik v. Austria), 638/1995 (Lacika v. Canada), 645/1995 (Bordes et al. v. France), 656/1995 (V. E. M. v. Spain), 657/1995 (van der Ent v. the Netherlands), 660/1995 (Koning v. the Netherlands) and 664/1995 (Kruyt-Amesz et al. v. the Netherlands). The texts of the Committee's decisions are contained in annex IX.

376. During the period under review, 23 communications were declared admissible for examination on the merits. Decisions declaring communications admissible are not made public. Consideration of seven cases was discontinued. Procedural decisions were adopted in a number of pending cases, under article 4 of the Optional Protocol or under rules 86 and 91 of the Committee's rules of procedure. The Committee requested Secretariat action in other pending cases.

377. As the Committee has already stated in previous annual reports, the increasing number of States parties to the Optional Protocol and better public awareness of the Committee's work under the Optional Protocol have led to an increase in the number of communications submitted to it. In addition, the Secretariat took action on several hundred cases which, for one reason or another, were not registered under the Optional Protocol and placed before the Committee. Furthermore, follow-up activities are required in the majority of the 181 cases in which the Committee found violations of the Covenant. This workload means that the Committee can no longer examine communications expeditiously. In this connection, the Committee also notes that an increasing number of communications are being submitted in languages which are not among the working languages of the Secretariat, and expresses concern about the consequent delays in the examination of such communications. The Committee, while fully aware of the financial crisis of the Organization, nevertheless emphasizes that it should be guaranteed the necessary resources for the effective consideration of communications and that these especially should be dealt with by staff specializing in the various legal systems.

378. At its thirty-fifth (March/April 1989) session, the Committee decided to designate a special rapporteur to process new communications as they were received - that is, between sessions of the Committee. Mrs. Rosalyn Higgins served as Special Rapporteur for a period of two years. She was succeeded by Mr. Rajsoomer Lallah (forty-first to forty-sixth sessions) and by Mrs. Christine Chanet (forty-seventh to fifty-second sessions). At the Committee's fifty-third session, Mr. Fausto Pocar was designated to succeed Mrs. Chanet as Special Rapporteur. In the period covered by the present report, the Special Rapporteur has transmitted 62 new communications to the States parties concerned under rule 91 of the Committee's rules of procedure, requesting information or observations relevant to the question of admissibility. Regarding other communications, the Special Rapporteur recommended to the Committee that the communications be declared inadmissible without forwarding them to the State party. In other cases, the Special Rapporteur issued requests for interim measures of protection pursuant to rule 86 of the Committee's rules of procedure.

379. At its thirty-sixth (July 1989) session, the Committee decided to authorize the Working Group on Communications to adopt decisions declaring communications admissible when all five members so agreed. Failing such agreement, the Working Group would refer the matter to the Committee. It could also do so whenever it believed that the Committee itself should decide the question of admissibility. While the Working Group could not adopt decisions declaring communications inadmissible, it might make recommendations in that respect to the Committee. Pursuant to those rules, the Working Group on Communications that met prior to the fifty-fifth, fifty-sixth and fifty-seventh sessions of the Committee declared 22 communications admissible.

380. At its fifty-fifth (October/November 1995) session, the Committee decided that each communication would be entrusted to a member of the Committee, who would act as rapporteur for it in the Working Group and in the plenary Committee. In performing his task, the Rapporteur consults the whole of the file, if necessary at the previous session. At its fifty-seventh (July 1996) session, the Committee decided that the Rapporteur responsible for the communication would consider the action to be taken on last-minute information communicated by the author or by the State party.

381. In that regard, at its fifty-fifth session the Committee declared that the competence of the Rapporteur to issue, and if necessary to withdraw, requests for interim measures under rule 86 of the rules of procedure would continue until the Working Group took up the question of admissibility; subsequently, when the Committee was not in session, that competence would be exercised by the Chairman until the Working Group considered the substance of the case, in consultation, where necessary, with the Rapporteur.

382. At its fifty-fourth (July 1995) session, the Committee decided that it would in future join the consideration of admissibility and merits of communications when both parties consented and the Committee considered it appropriate. Consequently, in the period covered by the present report, the Committee declared three communications admissible and adopted its views thereon (Nos. 588/1994 (Johnson v. Jamaica), 596/1994 (Chaplin v. Jamaica) and 597/1994 (Grant v. Jamaica)).

383. In its work under the Optional Protocol, the Committee strives to arrive at its decisions by consensus. However, pursuant to rule 94, paragraph 3, of the Committee's rules of procedure, members can add their individual concurring or dissenting opinions to the Committee's views. Pursuant to rule 92, paragraph 3, members can append their individual opinions to the Committee's decisions declaring communications inadmissible.

384. During the sessions covered by the present report, individual opinions were appended to the Committee's views in cases Nos. 390/1990 (Lubuto v. Zambia), 422-424/1990 (Aduayom et al. v. Togo), 521/1992 (Kulomin v. Hungary), 527/1993 (Lewis v. Jamaica), 586/1994 (Adam v. Czech Republic), 588/1994 (Johnson v. Jamaica), 596/1994 (Chaplin v. Jamaica), 599/1994 (Spence v. Jamaica) and 600/1994 (Hylton v. Jamaica). An individual opinion was also appended to the Committee's inadmissibility decision regarding case No. 608/1995 (Nahlik v. Austria).

385. A review of the Committee's work under the Optional Protocol from its second session, in 1977, to its fifty-fourth session, in 1995, can be found in the Committee's annual reports for 1984 to 1995, which, inter alia, contain summaries of the procedural and substantive issues considered by the Committee and of the decisions taken. The full texts of the views adopted by the Committee and of its decisions declaring communications inadmissible under the Optional Protocol have been reproduced regularly in annexes to the Committee's annual reports.

386. The following summary reflects further developments on issues considered during the period covered by the present report.

387. Article 2 of the Optional Protocol provides that "individuals who claim that any of their rights enumerated in the Covenant have been violated and who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration".

388. Although an author does not need to prove the alleged violation at the admissibility stage, he must submit sufficient evidence substantiating his allegation for purposes of admissibility. A "claim" is, therefore, not just an allegation but an allegation supported by a certain amount of substantiating evidence. Thus, in cases where the Committee finds that the author has failed to substantiate his claim for purposes of admissibility, the Committee has held the communication inadmissible, under rule 90 (b) of its rules of procedure, declaring that the author "has no claim under article 2 of the Optional Protocol".

389. Cases declared inadmissible, inter alia, for lack of substantiation of the claim or failure to advance a claim, are communications Nos. 472/1991 (J. P. L. v. France), 638/1995 (Lacika v. Canada), 656/1995 (V. E. M. v. Spain), 657/1995 (van der Ent v. the Netherlands) and 660/1995 (Koning v. the Netherlands).

(b) Competence of the Committee and incompatibility with the provisions of the Covenant (Optional Protocol, art. 3)

390. In its work under the Optional Protocol, the Committee has on several occasions had to point out that it is not an instance of final recourse intended to review or reverse decisions of domestic courts and that it cannot be used as a forum for pursuing a complaint on the basis of domestic law.

391. In communication No. 664/1995 (Kruyt-Amesz et al. v. the Netherlands), the Committee referred to its established jurisprudence that interpretation of domestic legislation is essentially a matter for the courts and authorities of the State party concerned (see annex IX.K, para. 4.2).

392. Pursuant to article 5, paragraph 2 (b), of the Optional Protocol, the Committee shall not consider any communication unless it has ascertained that the author has exhausted all available domestic remedies. However, the Committee has already established that the rule of exhaustion applies only to the extent that those remedies are effective and available. The State party is required to give "details of the remedies which it submitted had been available to the author in the circumstances of his case, together with evidence that there would be a reasonable prospect that such remedies would be effective" (case No. 4/1977 (Torres Ramírez v. Uruguay)).⁷ The rule also provides that the Committee is not precluded from examining a communication if it is established that the application of the remedies in question is unreasonably prolonged. In certain cases, a State party may waive before the Committee the requirement of exhaustion of domestic remedies. Communications Nos. 557/1993 (X v. Australia), 573/1994 (Atkinson et al. v. Canada) and 584/1994 (Valentijn v. France) were declared inadmissible for failure to pursue available and effective domestic remedies.

393. As at its previous sessions, the Committee has had to consider communications relating to events which occurred before the entry into force of the Optional Protocol for the State concerned. In cases of this type, the admissibility criterion applied by the Committee is whether the events in question have, since the entry into force of the Optional Protocol, had persistent effects which in themselves constitute violations of the Covenant. At its fifty-sixth (March/April 1986) session, the Committee considered this question in case No. 505/1992 (Ackla v. Togo) and noted that "the author's claims under articles 7, 9 and 10, paragraph 1, of the Covenant related to events that occurred prior to 30 June 1988, the date of entry into force of the Optional Protocol for the State party. In this respect, therefore, the Committee decided that the communication was inadmissible ratione temporis" (annex VIII.I, para. 6.2).

394. At its fifty-seventh (July 1996) session, the Committee considered a number of communications involving factual situations with roots in events that occurred prior to the entry into force of the Covenant and of the Optional Protocol. In communication No. 586/1994 (Adam v. Czech Republic), the Committee examined whether the failure by the State party to provide compensation for confiscations that occurred in 1949 could raise issues under the Optional Protocol. It found "that although the confiscations took place before the entry into force of the Covenant and of the Optional Protocol for the Czech Republic, the new legislation that excludes claimants who are not Czech citizens has continuing consequences subsequent to the entry into force of the Optional Protocol for the Czech Republic, which could entail discrimination in violation of article 26 of the Covenant" (annex VIII.V, para. 6.3). At the same session, the Committee, when examining the merits of communications Nos. 422-424/1990 (Aduayom et al. v. Togo) reiterated that its jurisprudence has been not to entertain claims under the Optional Protocol based on events which occurred after the entry into force of the Covenant but before the entry into force of the Optional Protocol for the State party. In the instant case, however, the Committee does not find any elements which would allow it to make a finding under the Optional Protocol on the lawfulness of the arrests of the authors, since the arrests took place in September and December 1985, respectively, and they were released in April and July 1986, respectively, prior to the entry into force of the Optional Protocol for Togo on 30 June 1988. Accordingly, the Committee is precluded ratione temporis from examining the claim under article 9, paragraph 5 (annex VIII.C, para. 7.3). One Committee member appended a dissenting opinion to the views.

395. Under rule 86 of the Committee's rules of procedure, the Committee may, after receipt of a communication and before adopting its views, request a State party to take interim measures in order to avoid irreparable damage to the victim of the alleged violations. The Committee has applied this rule on several occasions, mostly in cases submitted by or on behalf of persons who have been sentenced to death and are awaiting execution and who claim that they were denied a fair trial. In view of the urgency of the communications, the Committee has requested the States parties concerned not to carry out the death sentences while the cases are under consideration. Stays of execution have specifically been granted in this connection. Rule 86 has also been applied in other circumstances, for instance in cases of imminent deportation or extradition.

396. Article 6, paragraph 1, protects the right to life. In its general comment 6 (16), the Committee expressed its view that States parties should take specific and effective measures to prevent the disappearance of individuals and establish effective facilities and procedures to investigate thoroughly, by an appropriate and impartial body, cases of missing persons and enforced disappearances in circumstances that may involve a violation of the right to life. In cases Nos. 540/1993 (Celis Laureano v. Peru) and 563/1993 (Bautista v. Colombia), the Committee found a violation of article 6, paragraph 1, because the State party was held responsible for the disappearance of the individuals on whose behalf the communications had been submitted.

397. Article 6, paragraph 2, states that the death sentence may only be imposed for the "most serious crimes". In case No. 390/1990 (Lubuto v. Zambia), the complainant had been convicted and sentenced to death for aggravated robbery with the use of firearms. The Committee, considering that in the particular case no one had been killed or wounded and that under the law the court could not take those elements into account when sentencing, was of the view that the mandatory imposition of the death penalty under those circumstances was in violation of article 6, paragraph 2, of the Covenant (annex VIII.B, para. 7.2).

398. Article 6, paragraph 2, provides also that a sentence of death may be imposed only if not contrary to the provisions of the Covenant. Thus, a nexus is established between the imposition of a sentence of death and observance by State author