Lists of Issues - CCPR - Trinidad and Tobago

Distr.

GENERAL

CCPR/C/70/L/TTO
16 August 2000

Original: ENGLISH

List of issues : Trinidad and Tobago. 16/08/2000.

CCPR/C/70/L/TTO. (List of Issues)

HUMAN RIGHTS COMMITTEE
Seventieth session

LISTS OF ISSUES TO BE TAKEN UP IN CONNECTION WITH THE

CONSIDERATION OF THE THIRD PERIODIC REPORT OF

TRINIDAD AND TOBAGO (CCPR/C/TTO/99/3)

ADOPTED BY THE HUMAN RIGHTS COMMITTEE ON 26 JULY 2000

List of issues to be taken up in connection with considerate of the third and
fourth periodic reports of Trinidad and Tobago (CCPR/C/TTO/99/3)

The Optional Protocol

1. In view of the relaxation by the Privy Council (Thomas v. Baptise 1999 3 WLR 249 at 266 E-G) of the time limits on carrying out the death penalty in the Pratt and Morgan case, do the reasons adduced for denunciation remain valid?

2. What remedies exist for individuals in domestic law in case of violation of rights provided by the Covenant in articles 2 (1), 3 and 26?

3. What follow-up is being provided to the Committee's Views in the cases referred to in paragraph 461 of the Committee's 1999 report (A/54/40, vol. I) where a reply is still outstanding?

Right to life (art. 6)

4. Please give up-to-date figures for executions and numbers of persons on death row (report paras. 99-100).

Liberty and security of the person: treatment of prisoners and other detainees, right to a fair trial (arts. 7, 9, 10, 14)

5. Which of the recommendations of the Commissions advising on the Police Service, which reported in 1991 and 1993, have been implemented?

6. Are the reports of the Police Complaints Authority published? Does the Authority have jurisdiction to investigate the Special Reserve Police?

7. When are sentences of flogging (report, para. 106) and whipping (para. 200 (vi)) which are incompatible with article 7 of the Covenant, to be removed from the statute book?

8. In what way do the Judges' Rules and Administration Directions adopted in 1965 comply with articles 7 and 9 of the Covenant in relation to persons in detention (para. 139)?

9. Is the maximum security prison in full operation; in this and other prisons, how do the rules currently in force under the West Indian Prison Act 1838 (paras. 156 and 192) provide protection for prisoners in conformity with article 10 of the Covenant and with the Standard Minimum Rules for the Treatment of Prisoners?

10. Since the Constitution does not guarantee a speedy trial or a trial within a reasonable time (para. 153), to what extent have recent reforms across the whole field of criminal justice been successful in bringing the situation into compliance with articles 9 (3) and 14 (3) (c) of the Covenant?

11. In the case of persons compulsorily detained under mental health legislation, how will the draft Charter of Patients' Rights and Obligations ensure compliance with articles 10 and 14 (5) of the Covenant? How will the Charter be enforced (para. 171)?

12. Is legal aid in order to protect Covenant rights available and is it being properly funded?

Gender equality and equality before the law (arts. 3 and 26)

13. Has the Equal Opportunities Bill 1998 been passed by Parliament and has it been brought into force by Presidential Proclamation? Why does the Bill exclude discrimination on grounds of sexual orientation?

14. Please expand upon the problem of domestic violence. What improvements have been made by the Domestic Violence Act of October 1999 and how will this improve protection of women and children in conformity with articles 3 and 24 of the Covenant?

States of emergency (art. 4)

15. How does the Constitution Chapter I, Part III, ensure that emergency measures comply with the requirements imposed by article 4 of the Covenant (report, para. 67)?

Rights of aliens (art. 13)

16. What provision exists for review of executive decisions on deportation in the circumstances set out in paragraph 188, as required by article 13?

Right to privacy and freedom of expression (arts. 17 and 19)

17. Please comment on the proposals referred to in paragraph 232 and explain whether they will lead to a satisfactory balance between protecting a person's reputation from attack and freedom of expression?

18. What proposals are there to legislate on the recommendations referred to in the Green Paper entitled Reform of the Media Law - Towards a Free and Responsible Media: has account been taken of the need for any law to be compatible with article 19 (paras. 244-245)?

Freedom of religion (art. 18)

19. Has the Miscellaneous Laws (Spiritual Reform) Bill referred to in paragraph 238 in relation to discrimination against certain religious groups been enacted and brought into force?
Participation in public affairs (art. 25)

20. Please explain whether access to and continued employment in the public service is available to all without discrimination.

Dissemination of information about the Covenant (art. 2)

21. Please indicate steps taken to disseminate information on the submission of reports and their consideration by the Committee in particular on the Committee's concluding observations. Furthermore please provide information on education and training on the Covenant provided to all categories of public officials, in particular to school teachers, judges, lawyers and police officials.