Seventy-fifth session (July 2002)

State party: Gambia** Pursuant to rule 69A, paragraph 3, of its rules of procedure, during its eighty-first session, the Human Rights Committee decided to publish the provisional concluding observations on the Gambia that were adopted and transmitted to the State party at its seventy-fifth session.

Report considered: Consideration of the situation in the absence of a report (15 and 16 July 2002).

Information requested:Para. 8: Detailed information on the crimes for which capital punishment may be imposed, the number of death sentences handed down since 1995, and the number of prisoners currently detained on death row (art. 6).Para. 12: Detailed information on the conditions of detention at Mile Two prison (art. 10).Para. 14: Guarantee security of tenure of judges; clarify the basis for the establishment and operation of military courts, and whether the operation of these military courts is linked to the existence of a state of emergency (arts. 7 and 10).Para. 24: Measures to implement article 27 of the Covenant.

Date information due: 31 December 2002

Date information received: NONE RECEIVED

Action taken :Between October 2006 and September 2007, four reminders were sent.

17 January 2008 The Special Rapporteur requested a meeting with a representative of the State party.

14 March 2008 The Special Rapporteur requested a meeting with a representative of the State party.

11 June 2008 A further reminder was sent and the State party was informed that, in the absence of a response by the ninety-third session, it will be declared to be in breach of its obligation to cooperate with the Committee in the performance of its functions under Part IV of the Covenant.

22 September 2008 The Special Rapporteur informed the State party that, at its ninety-third session, the Committee had declared the State party to be in breach of its obligation to cooperate with the Committee in the performance of its functions under Part IV of the Covenant.

February 2009: The matter has been referred to the High Commissioner for Human Rights.

Recommended action: No further action is recommended.

Next report due : 31 December 2002

Seventy-seventh session (March 2003)

State party: Mali

Report considered: Second periodic (due since 1986), submitted on 3 January 2003.

Information requested: Para. 10 (a): Expedite the adoption of a new Family Code abolishing polygamy (arts. 3, 23 and 26).Para. 10 (d): Abolition of the practice of the levirate, whereby a widow is inherited by the deceased husband’s brothers and cousins (arts. 3, 16 and 23).Para. 11: Measures to prohibit and criminalize the practice of female genital mutilation (arts. 3 and 7).Para. 12: Adoption of specific legislation expressly prohibiting and punishing domestic violence; ensure adequate protection of victims (arts. 3 and 7).

Date information due: 3 April 2004

Date information received:

12 November 2007 Partial reply (response incomplete with regard to paragraphs 10 (a) and (d), 11 and 12)

Action taken:18 October 2004 A reminder was sent.21 October 2005 At the eighty-fifth session, the Special Rapporteur met with a representative of the State party who informed him that an inter-ministerial commission had been set up to provide replies to the follow-up questions and that the replies would be forwarded to the Committee as soon as possible.6 July 2006 The Special Rapporteur wrote to the Permanent Representative to remind him that the replies had yet to be received and to request a meeting. No reply was received from the State party.20 September 2006 A further reminder was sent. Between February 2007 and March 2008, the Special Rapporteur sent five letters requesting a meeting with a representative of the State party.

27 March 2008 Consultations were held with the State party during the ninety-second session (response incomplete with regard to paragraphs 10 (a) and (d), 11 and 12). The delegation also informed that preparation of the report was underway.

Between June and December 2008, three reminders were sent (11 June, 22 September, and 16 December 2008), requesting the State party to submit its third periodic report, due since 1 April 2005, and to include the outstanding information on paragraphs 10 (a) and (d), 11 and 12 in the report.

Recommended action: [To be completed]

Next report due: 1 April 2005

Seventy-ninth session (October 2003)

State party: Sri Lanka

Report considered: Fourth and fifth periodic (due since 1996), submitted on 18 September 2002.

Information requested:Para. 8: No excessive restrictions on the exercise of fundamental rights; no derogation from the prohibition of retroactive punishment (arts. 14 and 15).Para. 9: Measures to prevent torture and ill-treatment; bring the National Police Commission complaints procedure into effect as soon as possible; investigate cases of suspected intimidation of witnesses; introduce witness protection programmes; strengthen the capacity of the National Human Rights Commission to investigate and prosecute alleged human rights violations (arts. 2, 7 and 9).Para. 10: Give effect to recommendations by the United Nations Working Group on Enforced or Involuntary Disappearances and by the Presidential Commissions for Investigation into Enforced or Involuntary Disappearances; allocation of sufficient resources to the National Human Rights Commission to monitor the investigation and prosecution of all cases of disappearances (arts. 6, 7, 9 and 10).Para. 18: Prevent harassment of journalists; prompt and impartial investigation and prosecution of those responsible (arts. 7, 14 and 19).

Date information due: 7 November 2004

Date information received:

17 March 2005 The State party informed the Committee that it was finalizing the follow-up replies, which would be forwarded shortly.24 October 2005 Partial reply (response incomplete with regard to paragraphs 8 and 10).

16 October 2007 Partial reply (response incomplete with regard to paragraphs 8 and 10).

16 July 2008 Partial reply (response incomplete with regard to paragraph 8 as regards the National Police Commission complaints procedure and paragraph 10 as regards the implementation of the recommendations made by the United Nations Working Group on Enforced or Involuntary Disappearances in 1999).

Action taken:Between March 2005 and September 2007, seven reminders were sent. In his reminder of 28 September 2007, the Special Rapporteur also requested a meeting with a representative of the State party.

10 December 2007 The Special Rapporteur requested a meeting with a representative of the State party, to be convened during the ninety-second session.

18 March 2008 The Special Rapporteur requested a meeting with a representative of the State party, to be convened during the ninety-second session.

31 March 2008 Consultations were held during the ninety-second session (substantial response with regard to paragraph 8, including details of a recent Supreme Court decision stating that all Covenant rights are justiciable under Sri Lankan law; no reply with regard to paragraphs 9, 10 and 18).

Between June and December 2008, three reminders were sent, requesting the State party to submit its sixth periodic report, due since 1 November 2007, and to include the outstanding information on paragraphs 9 and 10 in the report.

Recommended action: The situation should be reviewed at the ninety-sixth session.

Next report due: 1 November 2007

State party: Equatorial Guinea** Pursuant to rule 69A, paragraph 3, of its rules of procedure, during its eighty-first session, the Human Rights Committee decided to publish the provisional concluding observations on Equatorial Guinea that were adopted and transmitted to the State party at its seventy-ninth session.

Report considered: Consideration of the situation in the absence of a report (27 October 2003).

Information requested:The Committee asked for the complete initial report to be submitted by 1 August 2004 rather than any specific information on follow-up.

Date information received: INITIAL REPORT NOT RECEIVED

Action taken:30 October 2006 The Special Rapporteur met with a representative of the State party, who informed him that consultations were being held at the domestic level.Between February and September 2007, three reminders were sent. In his reminders of 29 June and 28 September 2007, the Special Rapporteur also requested a meeting with a representative of the State party.

19 October 2007 The Special Rapporteur met with a representative of the State party, who explained the difficulties faced by the State party in preparing its initial report, and promised that the initial report will be submitted by 31 December 2007.

11 June 2008 A further reminder was sent and the State party was informed that, in the absence of a response by the ninety-third session, it will be declared to be in breach of its obligation to cooperate with the Committee in the performance of its functions under Part IV of the Covenant.

22 September 2008 The Special Rapporteur informed the State party that, at its ninety-third session, the Committee had declared the State party to be in breach of its obligation to cooperate with the Committee in the performance of its functions under Part IV of the Covenant.

February 2009 The matter has been referred to the High Commissioner for Human Rights for appropriate action.

Recommended action: No further action is recommended.

Next report due : 1 August 2004

Eightieth session (March 2004)

State party: Suriname

Report considered: Second periodic (due since 1985), submitted on 1 July 2003.

Information requested:Para. 11: Investigation of allegations of ill-treatment in custody by an independent body; prosecution of those responsible; compensation for victims; human-rights training for law enforcement personnel (arts. 7 and 10).Para. 14: Correct the practice of holding people in pre-trial detention for excessive periods; amend legislation to ensure that anyone arrested or detained on a criminal charge is brought promptly before a judge (para. 9).

Date information due: 1 April 2005

Date information received:

5 May 2008 Partial reply (response incomplete with regard to paragraphs 11 and 14).

Action taken :Between May 2005 and February 2006, three reminders were sent.

March 2006 The Special Rapporteur met with a representative of the State party, who informed him that a team of legal experts had been appointed to work on follow-up issues. They would try to submit their follow-up responses by the end of June 2006.

Between July 2006 and September 2007, five reminders were sent.

17 January 2008 The Special Rapporteur requested a meeting with a representative of the State party.

18 March 2008 The Special Rapporteur requested a meeting with a representative of the State party.

1 April 2008 Consultations were held during the ninety-second session (response incomplete with regard to paragraphs 11 and 14). The delegation committed itself to providing written replies within one month. The delegation informed that preparations for the third periodic report (due 1 April 2008) are underway and that the report should be submitted to the Committee by the end of 2008 or early in 2009.

23 September 2008 The Special Rapporteur reminded the State party to submit its third periodic report, due since 1 April 2008, and to include the outstanding information on paragraphs 11 and 14 in the report.

16 December 2008 A further reminder was sent.

Recommended action: [To be completed]

Next report due : 1 April 2008

Eighty-first session (July 2004)

State party: Namibia

Report considered : Initial (due since 1996), submitted on 15 October 2003.

Information requested : Para. 9: Measures to encourage the registration of customary marriages and to grant spouses and children of registered customary marriages the same rights as those married under civil law; adapt future bills on intestate inheritance and succession and on recognition of customary law marriages accordingly (arts. 3, 23 and 26).Para. 11: Make torture a specific statutory crime (art. 7).

Date information due : 29 July 2005

Date information received: NONE RECEIVED

Action taken :Between October 2005 and September 2007, seven reminders were sent. In his reminder of 29 June 2007, the Special Rapporteur also requested a meeting with a representative of the State party.

11 June 2008 A further reminder was sent.

Between January and December 2008, the Special Rapporteur sent three letters requesting a meeting with a representative of the State party.

Recommended action: [To be completed]

Next report due : 1 August 2008

Eighty-fourth session (July 2005)

State party: Yemen

Report considered : Fourth periodic (without delay), submitted on 4 August 2004.

Information requested : Para. 11: Eradication of female genital mutilation and adoption of legislation prohibiting the practice; detailed information on (a) the number of women and girlsconcerned; (b) proceedings if any, brought against perpetrators of female genital mutilation; and (c) the

effectiveness of programmes and awareness-raising campaigns implemented in order to combat female genital mutilation (arts. 3, 6 and 7).Para. 13: Ensure the proportionality of responses to terrorist threats and activities; information on the findings and recommendations of the parliamentary committee established to monitor the situation of persons detained in connection with terrorism (arts. 6, 7, 9 and 14).

Para. 14: Full and impartial investigation into the killing of four persons participating in a demonstration on 21 March 2003 (art. 6). Para. 16: Measures to end corporal punishment, such as flogging or amputation of limbs; amendment of relevant legislation (art. 7).

Date information due : 20 July 2006

Date information received: NONE RECEIVED

Action taken :Between September 2006 and September 2007, four reminders were sent. In his reminders of 29 June and 28 September 2007, the Special Rapporteur also requested a meeting with a representative of the State party.

31 October 2007 During the ninety-first session, the Special Rapporteur met with a representative of the State party, who assured him that the Government will reply to the Committee’s follow-up questions, without committing himself to a specific date for the submission of such replies.

13 June 2008 A further reminder was sent by way of follow-up to the consultations which took place between the Special Rapporteur and the State party during the ninety-first session.

22 September 2008 The Special Rapporteur requested a meeting with a representative of the State party.

24 October 2008 During the ninety-fourth session, the Special Rapporteur met with a representative of the State party, who indicated that the State party will inform the Special Rapporteur about the time-scale envisaged for the submission of the replies to the Committee’s follow-up questions.

Recommended action: A reminder should be sent.

Next report due : 1 July 2009

Eighty-fifth session (October 2005)

State party: Brazil

Report considered: Second periodic (due since 1998), submitted on 15 November 2004.

Information requested: Para. 6: Accelerate demarcation of indigenous lands; provide effective civil and criminal remedies for deliberate trespass on such lands (arts. 1 and 27).Para. 12: (a) Measures to eradicate extrajudicial killing, torture and other forms of ill-treatment and abuse by law enforcement officials; (b) Prompt and impartial investigations by an independent body into reported violations of human rights by law enforcement officials; (c) Prosecution of perpetrators and punishment proportionate to the seriousness of the crime; grant effective remedies and redress to victims; (d) Utmost consideration to the recommendations of the United Nations Special Rapporteurs on the question of torture, on extrajudicial, summary or arbitrary executions, and on the independence of judges and lawyers contained in the reports on their visits to the State party (arts. 6 and 7).Para. 16: Measures to improve the situation of detainees and prisoners; limiting police custody to one or two days following arrest; end the practice of remand detention in police stations; develop a system of bail pending trial; ensure prompt trials; implement alternative measures other than imprisonment; end the practice of detaining prisoners in prolonged confinement even after their sentences have expired; introducing an effective bail system; prompt trials (arts. 9 and 10).

Para. 18: Combat impunity by considering other methods of accountability for human rights crimes committed under the military dictatorship such as disqualifying perpetrators from certain public offices and establishing justice and truth inquiry processes; release to the public of all documents relevant to human rights abuses, including those currently withheld pursuant to Presidential Decree No. 4553 (art. 14)

Date information due: 3 November 2006

Date information received:

18 April 2008 Partial reply (response incomplete with regard to paragraphs 6, 12, 16 and 18).

Action taken :Between December 2006 and September 2007, three reminders were sent. In his reminders of 29 June and 28 September 2007, the Special Rapporteur also requested a meeting with a representative of the State party.

18 October 2007During the ninety-first session, the Special Rapporteur met with two representatives of the State party. The State party delegation committed itself to providing the requested follow-up information before the ninety-second session.

22 September 2008 A reminder was sent to the State party to request additional information on paragraphs 6, 12, 16 and 18.

16 December 2008 A further reminder was sent.

Recommended action: [To be completed]

Next report due : 31 October 2009

State party: Paraguay

Report considered: Second periodic (due since 1998), submitted on 9 July 2004.

Information requested:

Para. 7: Ensuring that the Truth and Justice Commission has sufficient time and resources to carry out its mandate (art. 2).

Para. 12: Prosecution and appropriate punishment of those responsible for torture; compensation for victims (art. 7).

Para. 17: Measures to safeguard the independence of the judiciary (art. 14). Para. 21: Steps to ensure respect for children’s rights, including urgent steps to eradicate child labour (arts. 8 and 24)

Date information due: 1 November 2006

Date information received:

1 November 2006 Partial reply (response incomplete with regard to paragraphs 7, 17 and 21 and no response on paragraph 12).

25 June 2008 Partial reply (response incomplete with regard to paragraphs 12, 17 and 21).

Action taken:

6 December 2006 A reminder was sent.

28 September 2007 A further reminder was sent, and the Special Rapporteur requested a meeting with a representative of the State party.

17 October 2007 During the ninety-first session, the Special Rapporteur met with a representative of the State party, who promised to provide the requested information on the outstanding follow-up issues.

13 June 2008 A further reminder was sent by way of follow-up to the consultations which took place between the Special Rapporteur and the State party during the ninety-first session.

23 September 2008 The Special Rapporteur requested the State party to include the outstanding information on paragraphs 12, 17 and 21 in its third periodic report, due on 31 October 2008.

16 December 2008 The Special Rapporteur reminded the State party to submit its third periodic report, due since 31 October 2008, and to include the outstanding information on paragraphs 7, 12, 17 and 21 in the report.

Recommended action: [To be completed]

Next report due: 31 October 2008

Eighty-sixth session (March 2006)

State party: Democratic Republic of the Congo

Report considered : Third periodic (due since 1991), submitted on 30 March 2005.

Information requested : Para. 9: Measures to follow-up on the Committee’s recommendations on individual communications and submission of a report on such measures; acceptance of a mission by the Committee’s Special Rapporteur for follow-up to Views (art. 2). Para. 10: Steps to ensure that all reported human rights violations are investigated and that those responsible are prosecuted and punished (art. 2). Para. 15: Inquiries into all reported forced disappearances and arbitrary executions; prosecution and punishment of perpetrators; appropriate compensation for victims; strengthen measures to curb the displacement of civilian populations (arts. 6, 7 and 9). Para. 24: Strengthen the programme for the care of orphans; punishment of any person guilty of abusing orphans (art. 24).

Date information due : 25 March 2007

Date information received: NONE RECEIVED

Action taken : 29 June 2007 A reminder was sent.

28 September 2007 A further reminder was sent, and the Special Rapporteur requested a meeting with a representative of the State party.

29 October 2007 During the ninety-first session, the Special Rapporteur met with a representative of the State party, who indicated that the Government is in the process of preparing the follow-up replies, without being able to specify the date by which the replies will be submitted.

Between January and June 2008, the Special Rapporteur sent three letters requesting a meeting with a representative of the State party.

17 July 2008 During the ninety-third session, the Special Rapporteur met with a representative of the State party, who indicated that there were problems of coordination in the preparation of the follow-up replies. He would convey to his Government the urgency of submitting the replies before the Committee’s ninety-fourth session.

22 September 2008 A reminder was sent.

16 December 2008 The Special Rapporteur requested the State party to include the outstanding information on paragraphs 11 and 14 in its fourth periodic report, due 1 April 2009.

Recommended action: [To be completed]

Next report due : 1 April 2009

State party: Hong Kong (China)

Report considered : Second periodic (due since 2003), submitted on 14 January 2005.

Information requested : Para. 9: Ensure that complaints against the police are investigated by an independent body whose decisions are binding on the authorities (art. 2).Para. 13: Measures to prevent and prosecute harassment of media personnel; ensure that the media can operate independently and free from government intervention (art. 19).Para. 15: Ensure that policies and practice regarding the right of abode fully take into consideration the right of families and children to protection (arts. 23 and 24).Para. 18: Ensure that the Legislative Council is elected by universal and equal suffrage; ensure that all interpretations of the Basic Law, including on electoral and public affairs issues, are in compliance with the Covenant (arts. 2, 25 and 26).

Date information due : 1 April 2007

Date information received:

23 July 2007 Partial reply (responses incomplete with regard to paragraphs 9, 13, 15 and 18).

Action taken: 29 June 2007 A reminder was sent.

11 June 2008 The Special Rapporteur requested a meeting with a representative of China.

16 July 2008 During the ninety-third session, the Special Rapporteur met with a representative of China, who stated that the issues identified by the Special Rapporteur as requiring further clarification will be transmitted to the Government and to the HKSAR authorities.

18 July 2008 An aide mémoire was sent to the Chinese Permanent Mission summarizing the issues identified by the Special Rapporteur as requiring further clarification.

9 December 2008 A reminder was sent.

Recommended action: A further reminder should be sent if no information is received, and the situation should be reviewed at the ninety-sixth session.

Next report due : 2010

Eighty-seventh session (July 2006)

State party: Central African Republic

Report considered: Second periodic (due since 1989), submitted on 3 July 2005.

Information requested:Para. 11: Mobilize public opinion against female genital mutilation; criminalize female genital mutilation; ensure that perpetrators are brought to justice (arts. 3 and 7).Para. 12: Ensure that all allegations of enforced disappearances, summary and arbitrary executions and torture and ill-treatment are investigated by an independent body and that perpetrators are prosecuted and appropriately punished; improve training for law enforcement personnel; compensation for victims; detailed information on complaints, the number of persons prosecuted and convicted, including current or former members of the Central Office for the Prevention of Banditry, and compensation paid to victims over the past three years (arts. 2, 6, 7 and 9).Para. 13: Ensure that the death penalty is not extended to new crimes; abolition of the death penalty; accession to the Second Optional Protocol to the Covenant (arts. 2 and 6).

Date information due: 24 July 2007

Date information received: NONE RECEIVED

Action taken:

28 September 2007 A reminder was sent.

10 December 2007A further reminder was sent.

20 February 2008 The Special Rapporteur requested a meeting with a representative of the State party.

18 March 2008 The Special Rapporteur requested a meeting with a representative of the State party.

1 April 2008 Consultations were held during the ninety-second session. The delegation committed itself to transmitting the Special Rapporteur’s and the Committee’s request to the Government. No responses were provided.

11 June 2008 A further reminder was sent by way of follow-up to the consultations which took place between the Special Rapporteur and the State party during the ninety-second session.

22 September 2008 A reminder was sent.

16 December: The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: [To be completed]

Next report due: 1 August 2010

State party: United States of America

Report considered : Second and third periodic (due since 1998), submitted on 28 November 2005.

Information requested :Para. 12: Immediate cessation of the practice of secret detention, closure of all secret detention facilities; grant the International Committee of the Red Cross prompt access to any person detained in connection with an armed conflict; ensure that all detainees benefit from the full protection of the law at all times (arts. 7 and 9).

Para. 13: Ensure that any revision of the Army Field Manual provides only for interrogation techniques compatible with the Covenant; ensure that interrogation techniques are binding on all U.S. government agencies and any others acting on its behalf; ensure that there are effective means to follow suit against abuses committed by agencies operating outside the military structure; sanctions against personnel who used or approved the use of interrogation techniques that are now prohibited; reparation for victims; information on any revisions of interrogation techniques approved by the Manual (art. 7).

Para. 14: Prompt and independent investigations into all allegations concerning suspicious deaths, torture and ill‑treatment inflicted by U.S. personnel and contract employees in detention facilities in Guantánamo Bay, Afghanistan, Iraq and other overseas locations; prosecution and punishment of those responsible in accordance with the gravity of the crime; measures to prevent the recurrence of such behaviours, including training and clear guidance to U.S. personnel and contract employees; no reliance during legal proceedings on evidence obtained by means incompatible with article 7; information on reparation for victims (arts. 6 and 7)

Para. 16: Review by the State party of its restrictive interpretation of article 7 of the Covenant; ensure that individuals, including those detained by the State party outside its territory, are not returned to another country if there is a substantial risk of torture or ill-treatment; independent investigations into allegations of such occurrences; amendment of legislation and policies to ensure that no such situation will recur; appropriate remedies for victims; exercise of utmost care in the use of diplomatic assurances and adoption of clear and transparent procedures with adequate judicial mechanisms for review before individuals are deported and effective mechanisms to monitor the fate of those returned (art. 7).Para. 20: Provide information on the implementation of the Supreme Court’s decision in Hamdan v. Rumsfeld (art. 14)

Para. 26: Review of practices and policies to ensure the full implementation of the State party’s obligation to protect life and of the prohibition of direct and indirect discrimination in matters related to disaster prevention and relief; increased efforts to ensure that the rights of the poor, in particular African-Americans, are fully taken into consideration in post-Hurricane Katrina reconstruction plans with regard to access to housing, education and health care; information on the results of the inquiries into the alleged failure to evacuate prisoners at the Parish prison, and allegations that New Orleans residents were not permitted by law enforcement officials to cross the Greater New Orleans Bridge to Gretna, Louisiana (arts. 6 and 26).

Date information due : 1 August 2007

Date information received:

1 November 2007 Partial reply (responses to paragraphs 12, 13, 14, 16 and 26 incomplete)

Action taken:

28 September 2007 A reminder was sent.

11 June 2008 The Special Rapporteur requested a meeting with a representative of the State party.

10 July 2008 During the ninety-third session, the Special Rapporteur met with representatives of the State party, who indicated that the Special Rapporteur’s request to receive additional information on outstanding issues under paragraphs 12, 13, 14 and 16 before the Committee’s ninety-fifth session will be conveyed to the Government.

Recommended action: [To be completed]

Next report due: 1 August 2010

State party: Kosovo (Serbia)

Report considered : Report by UNMIK, submitted on 2 February 2006.

Information requested :Para. 12: Investigation of all outstanding cases of war crimes, crimes against humanity and ethnically motivated crimes committed before and after 1999; prosecution of perpetrators; compensation for victims; introduction of effective witness-protection programmes; full cooperation with International Criminal Tribunal for the former Yugoslavia prosecutors (arts. 2(3), 6 and 7).Para. 13: Effective investigation of all outstanding cases of disappearances and abductions; prosecution of perpetrators; ensure that relatives of disappeared and abducted persons have access to information about victims’ fate and to adequate compensation (arts. 2(3), 6 and 7).Para. 18: Intensify efforts to ensure safe conditions for sustainable returns of displaced persons, in particular those belonging to minorities; ensure that they may recover their property, receive compensation for damage done and benefit from rental schemes for property temporarily administered by the Kosovo Property Agency (art. 12).

Date information due : 1 January 2007

Date information received:

11 March 2008 Partial reply (responses incomplete with regard to paragraphs 13 and 18).

7 November 2008 Partial reply (responses incomplete with regard to paragraphs 13 and 18).

Action taken :Between April and September 2007, three reminders were sent.

10 December 2007 The Special Rapporteur requested a meeting with the Special Representative of the Secretary-General (SRSG) or a representative designated by the SRSG, to be convened during the ninety-second session.

11 June 2008 The Special Rapporteur requested a meeting with a representative of UNMIK.

22 July 2008 During the ninety-third session, the Special Rapporteur met with Mr. Roque Raymundo, Senior Human Rights Advisor to UNMIK, who provided additional written and oral information on paragraphs 12, 13 and 18 and undertook to submit further information on (a) cases where perpetrators of disappearances and abductions were tried and sentenced, access by relatives to information about the fate of victims, and measures taken to secure adequate resources for victim compensation schemes (para. 13); and (b) measures taken to implement the strategies and policies to ensure safe and sustainable returns, in particular for minority returnees, as well as to ensure that minority returnees benefit from the special rental scheme of the Kosovo Property Agency (para. 18). The meeting was also attended by a representative of the OHCHR Pristina Office.

Recommended action: A letter should be sent to request additional information.

Next report due : …

Eighty-eighth session (October 2006)

State party: Bosnia and Herzegovina

Report considered : Initial (due since 2003), submitted on 24 November 2005.

Information requested :

Para. 8: Reopening of the public debate and talks on constitutional reform with a view to adopting an electoral system that guarantees equal enjoyment of the rights under article 25 of the Covenant to all citizens, irrespective of ethnicity (arts. 2, 25 and 26).

Para. 14: Investigation of all unresolved cases of missing persons; ensure that the Institute for Missing Persons becomes fully operational in accordance with the Constitutional Court’s decision of 13 August 2005; ensure that the central database of missing persons is finalized and accurate; ensure that the Fund for Support to Families of Missing Persons is secured and that payments to families commence as soon as possible (arts. 2(3), 6 and 7).

Para. 19: Improvement of material and hygienic conditions in detention facilities, prisons and mental health institutions in both Entities; adequate treatment of mental health patients; transfer of all patients from Zenica Prison Forensic Psychiatric Annex; ensure that Sokolac Psychiatric Hospital meets international standards (arts. 7 and 10).

Para. 23: Review of relocation plan for the Roma settlement at Butmir; alternative solutions to prevent pollution of water supply; ensure that any relocation is carried out in a non‑discriminatory manner and in compliance with international human rights standards (arts. 2, 17 and 26).

Date information due : 1 November 2007

Date information received:

21 December 2007 Partial reply (responses incomplete with regard to paragraphs 8, 14, 19 and 23).

1 November 2008 Partial reply (responses incomplete with regard to paragraphs 8, 14, 19 and 23).

Action taken :17 January 2008 A reminder was sent.

22 September 2008 The Special Rapporteur requested a meeting with a representative of the State party.

31 October 2008 During the ninety-fourth session, the Special Rapporteur met with a representative of the State party, who informed him that the State party’s replies to the Committee’s additional follow-up questions have been prepared and will be submitted as soon as the Government has approved them.

Recommended action: A letter should be sent to request additional information.

Next report due : 1 November 2010

State party: Honduras

Report considered : Initial (due since 1998), submitted on 21 February 2005.

Information requested :

Para. 9: Investigations into all cases of extrajudicial executions of children; prosecution of those responsible; compensation for relatives of victims; establishment of an independent mechanism, such as a children’s ombudsman; training for officials dealing with children; public awareness-raising campaigns (arts. 6 and 24).

Para. 10: Monitoring of all weapons belonging to the police; human rights training for the police in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; investigations into allegations of excessive use of force; prosecution of those responsible; compensation for victims of their relatives (arts. 6 and 7).

Para. 11: Identification of the causes of the growing numbers of street children; programmes to address those causes; provision of shelter to street children; identification of, compensation for and assistance to victims of sexual abuse; prosecution of those responsible (arts. 7, 8 and 24).

Para. 19: Ensure the full exercise by members of indigenous communities of the right to enjoy their own culture; settlement of problems related to ancestral indigenous lands (art. 27).

Date information due : 1 November 2007

Date information received:

7 January 2007 Information on paragraph 18 (art. 16), which the Committee did not identify as a priority in its concluding observations.

15 October 2008 Partial reply (responses incomplete with regard to paragraphs 9, 10, 11 and 19).

Action taken :17 January 2008 A reminder was sent.

11 June 2008 A further reminder was sent.

22 September 2008 The Special Rapporteur requested a meeting with a representative of the State party.

10 December 2008 A letter was sent to request additional information.

Recommended action: [To be completed.]

Next report due : 31 October 2010

State party: Republic of Korea

Report considered: Third periodic (due since 2003), submitted on 10 February 2005.

Information requested:Para. 12: Ensure that migrant workers may enjoy the rights under the Covenant without discrimination, including equal access to social services and educational facilities, as well as the right to form trade unions; provision of adequate forms of redress (arts. 2, 22 and 26).

Para. 13: Prevent all forms of ill-treatment by law enforcement officials in all places of detention including mental health hospitals; establish independent investigative bodies; introduce independent inspections of facilities and videotaping of interrogations; prosecution and appropriate punishment of perpetrators; effective remedies for victims; discontinuation of harsh and cruel measures of disciplinary confinement, in particular, the use of manacles, chains and face masks, and the “stacking” of 30-day periods of isolation (arts. 7 and 9).

Para. 18: Ensure the compatibility of article 7 of the National Security Law, and sentences imposed thereunder, with the requirements of the Covenant (art. 19).

Date information due: 1 November 2007

Date information received:

25 February 2008 Partial reply (responses to paragraphs 12 and 13 incomplete; response to paragraph 18 unsatisfactory).

Action taken :17 January 2008 A reminder was sent.

11 June 2008 The Special Rapporteur requested a meeting with a representative of the State party.

21 July 2008 During the ninety-third session, the Special Rapporteur met with a representative of the State party, who indicated that additional information on any outstanding issues will be provided in the fourth periodic report.

22 July 2008 An aide mémoire was sent to the State party summarizing the issues identified by the Special Rapporteur as requiring further clarification.

Recommended action: A further reminder should be sent.

Next report due: 2 November 2010

State party: Ukraine

Report considered : Sixth periodic (on time), submitted on 1 November 2005.

Information requested :

Para. 7: Ensure the safety and proper treatment of all persons held in custody by the police; measures to guarantee freedom from torture and ill-treatment; establishment of an independent police complaints mechanism; video-surveillance of interrogations of criminal suspects; independent inspection of detention facilities (art. 6).

Para. 11: Guarantee the right of detainees to be treated humanely and with respect for their dignity; reduce prison overcrowding including by using alternative sanctions; provide hygienic facilities; ensure access to health care and adequate food (art. 10).

Para. 14: Protection of freedom of expression; investigation and prosecution of attacks on journalists (arts. 6 and 19).

Para. 16: Protection of all members of ethnic, religious or linguistic minorities against violence and discrimination; provision of robust remedies against these problems (arts. 20 and 26).

Date information due : 1 December 2007

Date information received:

19 May 2008 Partial reply (responses incomplete with regard to paragraphs 7, 11, 14 and 16)

Action taken :17 January 2008 A reminder was sent.

16 December 2008 A letter was sent to request additional information.

Recommended action: [To be completed]

Next report due : 2 November 2011

Eighty-ninth session (March 2007)

State party: Barbados

Report considered : Third periodic (due since 1991), submitted on 18 July 2006.

Information requested :

Para. 9: Consider the abolition of the death penalty and accession to the Second Optional Protocol to the Covenant; remove prescription of mandatory death sentences from relevant laws and ensure that such laws are compatible with article 6 of the Covenant (art. 6).

Para. 12: Eliminate corporal punishment as a legitimate sanction and discourage its use in schools; measures towards the abolition of corporal punishment (arts. 7 and 24).

Para. 13: Decriminalization of sexual acts between adults of the same sex, protection of homosexuals from harassment, discrimination and violence (art. 26).

Date information due : 1 April 2008

Date information received: NONE RECEIVED

Action taken:

11 June 2008 A reminder was sent.

22 September 2008 A further reminder was sent.

16 December 2008 The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: [To be completed]

Next report due : 29 March 2011

State party: Chile

Report considered : Fifth periodic (due since 2002), submitted on 8 February 2006.

Information requested :

Para. 9: Ensure that serious human rights violations committed during the dictatorship are punished and that those suspected of being responsible for such acts are in fact prosecuted; scrutinize the suitability to hold public office of persons who have served sentences for such acts; publication of all the documentation collected by the National Commission on Political Prisoners and Torture (CNPPT) that may help to identify those responsible for extrajudicial executions, forced disappearances and torture (arts. 2, 6 and 7).

Para. 19: (a) Ensure that negotiations with indigenous communities lead to a solution that respects their land rights; expedite procedures to recognize such ancestral lands; (b) Amendment of Act No. 18,314 to bring it in line with article 27 of the Covenant; review of any sectoral legislation that may contravene the rights spelled out in the Covenant; (c) Consultation of indigenous communities before granting licences for the economic exploitation of disputed lands; ensure that such exploitation will not violate the rights recognized in the Covenant (arts. 1 and 27).

Date information due : 1 April 2008

Date information received:

21 and 31 October 2008 Partial reply (responses incomplete with regard to paragraphs 9 and 19).

Action taken :11 June 2008 A reminder was sent.

22 September 2008 A further reminder was sent.

10 December 2008 A letter was sent to request additional information

Recommended action: If no information is received, consultations should be scheduled for the ninety-sixth session.

Next report due: 27 March 2012

State party: Madagascar

Report considered: Third periodic (due since 1992), submitted on 24 May 2005.

Information requested:

Para. 7: Ensure the resumption of the work of the National Human Rights Commission, in accordance with the Paris Principles; provision of adequate resources for the Commission to fulfil its role effectively, fully and regularly (art. 2).

Para. 24: Ensure the proper functioning and adequate funding of the judiciary; immediate release of detainees whose case files are missing (arts. 9 and 14).

Para. 25: Ensure that any case registered may be heard without excessive delay (arts. 9 and 14).

Date information due: 1 April 2008

Date information received: NONE RECEIVED

Action taken:

11 June 2008 A reminder was sent.

22 September 2008 A further reminder was sent.

16 December 2008 The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: [To be completed]

Next report due: 23 March 2011

Ninetieth session (July 2007)

State party: Czech Republic

Report considered: Second periodic (due since 1 August 2005), submitted on 24 May 2006.

Information requested:

Para. 9: Measures to eradicate all forms of police ill-treatment, in particular: (a) establishment of an independent mechanism for the investigation of complaints about actions of law enforcement officials; (b) initiation of disciplinary and criminal proceedings against alleged perpetrators, and compensation for victims; and (c) police training on the criminal nature of excessive use of force (arts. 2, 7, 9 and 26).

Para. 14: Measures to prevent unnecessary psychiatric confinement; ensure that all persons without full legal capacity are placed under guardianship representing and defending their wishes and interests; effective judicial review of the lawfulness of the admission and detention in health institutions of each person (arts. 9 and 16).

Para. 16: Measures to combat discrimination against Roma (arts. 2, 26 and 27).

Date information due : 1 August 2008

Date information received:

18 August 2008 Partial reply (response incomplete with regard to paragraphs 9, 14 and 16).

Action taken:

11 June 2008 A reminder was sent.

10 December 2008 A letter was sent to request additional information.

Recommended action: [To be completed]

Next report due: 1 August 2011

State party: Sudan

Report considered: Third periodic (due since 7 November 2001), submitted on 28 June 2006.

Information requested:

Para 9:

(a)Measures to ensure that State agents and militia under State control put an immediate end to human rights violations;

(b)Ensure that State bodies and agents afford protection to victims of serious violations committed by third parties;

(c)Take measures, including cooperation with the International Criminal Court, to ensure that all human rights violations are investigated, and that those responsible, including State agents and militia members, are prosecuted at national or international level;

(d)Ensure that no financial support or material is channelled to militias that engage in ethnic cleansing or the deliberate targeting of civilians;

(e)Abolish all immunity in the new legislation governing the police, armed forces and national security forces;

(f)Ensure that no amnesty is granted to anyone believed to have committed serious crimes;

(g)Ensure appropriate reparation for victims of serious human rights violations.

(arts. 2, 3, 6, 7 and 12).

Para. 11:

(a)Ensure that victims of serious human rights violations have access to effective remedies, including compensation;

(b)Provide the human and financial resources required for the efficient functioning of the Sudanese legal system, particularly the special courts and tribunals established to try crimes committed in the Sudan . (arts. 2, 6 and 7).

Para. 17: Put an end to all recruitment and use of child soldiers; ensure that disarmament, demobilization and reintegration commissions are adequately staffed and funded; measures to speed up the establishment of a civil register and to ensure that all births are registered throughout the country (arts. 8 and 24).

Date information due : 1 August 2008

Date information received: NONE RECEIVED

Action taken:

22 September 2008 A reminder was sent.

19 December 2008 A further reminder was sent.

Recommended action: If no information is received, consultations should be scheduled for the ninety-sixth session.

Next report due: 26 July 2010

State party: Zambia

Report considered: Third periodic (due since 30 June 1998), submitted on 16 December 2005.

Information requested:

Para. 10: Measures to increase the resources and powers granted to the Zambian Human Rights Commission (art. 2).

Para. 12: Measures to bring article 23 of the Constitution in line with articles 2, 3 and 26 of the Covenant.

Para. 13: Measures to bring customary laws and practices in line with the Covenant, particularly with regard to women’s rights (arts. 2 and 3).

Para. 23: Development of alternative measures to imprisonment; ensure trials without unreasonable delay; measures to improve conditions and reduce overcrowding in prisons and detention facilities (arts. 7, 9 and 10).

Date information due : 1 August 2008

Date information received: NONE RECEIVED

Action taken:

22 September 2008 A reminder was sent.

16 December 2008 A further reminder was sent.

Recommended action: If no information is received, a further reminder should be sent.

Next report due: 20 July 2011

Ninety-first session (October 2007)

State party: Georgia

Report considered: Third periodic (due since 1 April 2006), submitted on 1 August 2006.

Information requested:

Para. 8: Compilation of statistical data on incidents of domestic violence; investigation of complaints related to domestic violence and institution of criminal proceedings against perpetrators; protection of victims of domestic violence (arts. 3, 23 and 26).

Para. 9: Prompt and impartial investigation of complaints about excessive use of force by law enforcement officers; initiation of criminal investigations against perpetrators; training for law enforcement officers; provision of compensation to victims (art. 6).

Para. 11: Measures to improve the conditions of persons deprived of their liberty, especially measures to put an end to prison overcrowding (art. 10).

Date information due: 1 November 2008

Date information received:

13 January 2009 Partial reply (response incomplete with regard to paragraphs 8, 9, and 11)

Action taken:

16 December 2008 A reminder was sent.

Recommended action: A letter should be sent to request additional information.

Next report due: 1 November 2011

State party: Libyan Arab Jamahiriya

Report considered: Fourth periodic (due since 1 October 2002), submitted on 6 December 2005.

Information requested:

Para. 10: Adoption of legislative and other measures to combat violence against women (arts. 3, 7 and 26).

Para. 21: Adoption of the new penal code within a reasonable time frame (art. 14).

Para. 23: Review of legislation, including the Publication Act of 1972, containing limitations on the right to freedom of opinion and expression (arts. 18, 19, 21, 22 and 25).

Date information due : 30 October 2008

Date information received: NONE RECEIVED

Action taken:

16 December 2008 A reminder was sent.

Recommended action: If no information is received, a further reminder should be sent.

Next report due: 30 October 2010

State party: Austria

Report considered: Fourth periodic (due since 1 October 2002), submitted on 21 July 2006.

Information requested:

Para. 11: Prompt, independent, and impartial investigation of cases of death and abuse in police custody; introduction of mandatory human rights training for police, judges and law enforcement officers (arts. 6, 7 and 10).

Para. 12: Adequate medical supervision and treatment of detainees awaiting deportation who are on hunger strike; investigation of the case of Geoffrey A., and information on the outcome of investigations in this case and in the case of Yankuba Ceesay (arts. 6 and 10).

Para. 16: Ensure that restrictions on the contact between an arrested or detained person and counsel are not left to the sole discretion of the police (art. 9).

Para. 17: Ensure that asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, preferably in open stations, with access to qualified legal counselling and adequate medical services (arts. 10 and 13).

Date information due : 30 October 2008

Date information received:

15 October 2008 Partial reply (responses incomplete with regard to paragraphs 11, 12, 16 and 17).

Action taken:

12 December 2008 A letter was sent to request additional information.

Recommended action: If no information is received, a reminder should be sent.

Next report due: 30 October 2012

State party: Algeria

Report considered: Third periodic (due since 1 June 2000), submitted on 22 September 2006.

Information requested:

Para. 11: Ensure that all places of detention are under the authority of the civil prison administration and the public prosecutor’s office; create a national register of detention centres and detained persons; regular visits by an independent national organ to all places where persons are deprived of their liberty (arts. 2 and 9).

Para. 12: Ensure that victims of disappearances and/or their families have access to effective remedies, including compensation; ensure that all persons secretly detained are brought before a judge without delay; investigate all cases of disappearances, inform the families of victims about the results of such investigations, and publish the final report of the ad-hoc National Commission on Disappearances (arts. 2, 6, 7, 9, 10 and 16).

Para. 15: Ensure that all allegations of torture and cruel treatment are investigated by an independent body and that perpetrators are punished; improve training for public officials on the rights of arrested persons and detainees (arts. 2, 6 and 7).

Date information due : 1 November 2008

Date information received:

7 November 2007 Partial reply (responses incomplete with regard to paragraphs 11, 12, and 15).

Action taken:

16 December 2008 A reminder was sent.

Recommended action: A letter should be sent to request additional information.

Next report due: 1 November 2011

State party: Costa Rica

Report considered: Fifth periodic (due since 30 April 2004), submitted on 30 May 2006.

Information requested:

Para. 9: Measures to put an end to overcrowding in detention centres (art. 10).

Para. 12: Measures to combat trafficking of women and children (arts. 2 and 24).

Date information due: 1 November 2008

Date information received: NONE RECEIVED

Action taken:

16 December 2008 A reminder was sent.

Recommended action: If no information is received, a further reminder should be sent.

Next report due: 1 November 2012

State party: Tunisia

Report considered: Fifth periodic (due since 4 February 1998), submitted on 14 December 2006.

Information requested:

Para. 11: Investigation of all allegations of torture and cruel, inhuman or degrading treatment or punishment by an independent authority; prosecution and punishment of perpetrators and their hierarchical superiors; compensation for victims; improvement of training of public officials; statistical data on complaints about torture (arts. 2 and 7).

Para. 14: Commutation of all death sentences; consider abolishing the death penalty and ratifying the second Optional Protocol to the Covenant (arts. 2, 6 and 7).

Para. 20: Measures to put an end to acts of intimidation and harassment of human rights organizations and defenders; investigation of reports about such acts; ensure compatibility with articles 19, 21 and 22 of the Covenant of any restrictions imposed on the right to peaceful assembly and demonstration (arts. 9, 19, 21 and 22).

Para. 21: Ensure that independent human rights associations are registered and that they are provided with effective and prompt recourse against any rejection of the applications for registration (arts. 21 and 22).

Date information due: 1 April2009

Next report due: 31 March 2012

State party: Botswana

Report considered: Initial (due since 8 December 2001), submitted on 13 October 2006.

Information requested:

Para. 12: Raise awareness of the precedence of constitutional law over customary laws and practices and of the right to request the transfer of a case and to appeal customary courts’ decisions to constitutional law courts (arts. 2 and 3).

Para. 13: Ensure that the death penalty is only imposed for the most serious crimes; move towards abolition of the death penalty; detailed information on the number of convictions for murder, courts’ findings of mitigating circumstances, and the number of death sentences imposed by the courts and of persons executed per year; ensure that families are informed in advance of the date of execution of family members and that the body is returned to them for burial (art. 6).

Para. 14: Withdrawal of reservations to articles 7 and 12 (arts. 7 and 12).

Para. 17: Ensure that persons on remand are not kept in custody for an unreasonable period of time; ensure that conditions of detention are compatible with the United Nations Standard Minimum Rules for the Treatment of Prisoners; immediate action to reduce the prison population; increased use of alternative measures to imprisonment; enhance access to prisoners by family members (arts. 7, 9 and 10).

Date information due: 1 April 2009

Next report due: 31 March 2012

State party: The Former Yugoslav Republic of Macedonia

Report considered: Second periodic (due since 1 June 2000), submitted on 12 October 2006.

Information requested:

Para. 12: Ensure that the Law on Amnesty is not applied to the most serious human rights violations, crimes against humanity and war crimes; thorough investigation of such crimes and prosecution and punishment of perpetrators; compensation for victims and their families (arts. 2, 6 and 7).

Para. 14: Consider undertaking a new and comprehensive investigation of the allegations made by Mr. Khaled al-Masri, seeking his cooperation and taking into account all available evidence; provide adequate compensation in case a violation is found; review of practices and procedures aimed at preventing unlawful renditions (arts. 2, 7, 9 and 10).

Para. 14: Find immediate and durable solutions for all internally displaced persons in consultation with them and in accordance with the Guiding Principles on Internal Displacement (art. 12).

Date information due: 1 April 2009

Next report due: 1 April 2012

State party: Panama

Report considered: Third periodic (due since 31 March 1992), submitted on 9 February 2007.

Information requested:

Para. 11: Measures to reduce overcrowding in detention facilities and to ensure that prison conditions are in compliance with article 10 of the Covenant and with the United Nations Standard Minimum Rules for the Treatment of Prisoners (art. 10).

Para. 14: Adopt legislation that will allow refugees to enjoy the rights under the Covenant; ensure compliance with the non-refoulement obligation (arts. 2, 6, 7 and 9).

Para. 18: Implementation of the law on domestic violence; ensure a sufficient number of shelters and police protection for victims; prosecution and punishment of perpetrators; provide statistical data on ongoing cases for domestic violence and their outcomes (arts. 3 and 7).

Date information due: 1 April 2009

Next report due: 31 March 2012