HUMAN RIGHTS COMMITTEE CONSIDERS FOLLOW-UP ON CONCLUDING OBSERVATIONS AND INDIVIDUAL COMMUNICATIONS

The Human Rights Committee this morning considered reports presented by its Special Rapporteurs on follow-up on concluding observations and on the follow-up progress report on individual communications.

Nigel Rodley, introducing the report for follow-up on concluding observations, informed the Committee about actions taken regarding countries that had not submitted their reports or only answered to a part of the questions by the Committee and his recommendations for further steps. The Committee adopted all the recommendations of Mr. Rodley except for those on Gambia and Equatorial Guinea, where it decided to take measures that still had to be specified.

Ivan Shearer introduced the follow-up progress report on individual communications that included cases from Algeria, Austria, Australia, Colombia, Iceland, Philippines, Uzbekistan and Zambia. All recommendations by the Special Rapporteur were adopted.

The next meeting of the Committee will take place on Thursday, 30 October at 10 a. m. when the Committee will meet with Gianni Magazzeni, Head of the National Institutions Unit at the Office of the High Commissioner for Human Rights.

Presentation of Report of the Special Rapporteur for Follow-Up on Concluding Observations

Presenting the report, Nigel Rodley, Special Rapporteur for Follow-Up on Concluding Observations, recommended that no further action should be taken regarding Gambia and Equatorial Guinea, whose reports were overdue since 2002 and 2004 respectively. He expressed his concern over the fact that there was no sign of cooperation by the States Parties with the Committee.

Mr. Rodley also listed the countries where there was no recommendation to be considered.

As to Bosnia Hercegovina, Mr. Rodley explained that he had met with the State Party and was told that the information requested by the Committee was on the way and only had to be confirmed by the Government. He said that this was a good example of cooperation and the situation should be reviewed at the next session. Mr. Rodley was also informed by Yemen on 24 October 2008 that he would receive notice when the report was to be expected.

Concerning Honduras, Chile and Austria, partial replies were received and Mr. Rodley recommended specifying to the State Parties which questions had remained unanswered.

Mr. Rodley mentioned the Centre for Civil and Political Rights that had been circulating its own follow-up documentation which he found helpful. He welcomed the suggestion by other Experts that non-cooperation of States with the Committee should also be brought to the attention of the High Commissioner for Human Rights.


Decision of the Committee

The Committee adopted all recommendations made by Mr. Rodley, except for those on Gambia and Equatorial Guinea. In these cases, the Committee decided to take measures which still had to be specified, but could include technical assistance to the countries in submitting the report, the involvement of the High Commissioner or the examination of the country in absence of the report.



Presentation of Follow-up Progress Report of Special Rapporteur on Individual Communications

Ivan Shearer, Special Rapporteur on the Follow-Up on Individual Communications, introducing the report, said that regarding a case of disappearance in Algeria the Committee considered the dialogue ongoing. As to the Perterer case, concerning equality before the courts in Austria, Mr. Shearer explained that despite the author’s dissatisfaction with the quantum of compensation proposed by the Ombudsman, the Committee considered the State party’s offer a satisfactory response and no further follow-up was needed.

As to a case of absence of unrepresented defendant during appeal in Australia, the Committee considered the dialogue ongoing. Mr. Shearer added that the same applied for the case of disappearance of the Sanjuan brothers in Colombia and the case on discrimination in business of commercial fishing quotas in Iceland.

Concerning the Pimental case in the Phillippines, which was a huge class action made up of 7,504 individuals regarding unreasonable lengths of time in civil proceedings and equality before the Courts, the Committee considered the follow-up dialogue ongoing. The case had been pending for more than 11 years and it appeared that it had now gone back to court following a failed settlement attempt.

As to a case of torture for purposes of confession and sentence to death in Uzbekistan, Mr. Shearer recommended that the Committee did not consider the response satisfactory and that the dialogue would be considered ongoing.

Regarding the Chongwe case in Zambia, concerning attempted murder of the chairman of the opposition alliance, Mr. Shearer recommended that the Committee considered the dialogue as ongoing.

Decision of the Committee

The Committee adopted all the recommendations made by Mr. Shearer.



For use of the information media; not an official record

CT08024E