State party: Central African Republic

Report considered: Second periodic report (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 (articles 3 and 7 of the Covenant).

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, and on 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 (articles 2, 6, 7 and 9 of the Covenant).

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 International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (articles 2 and 6 of the Covenant).

Date information due: 24 July 2007

Date information received: None received.

Action taken:

28 September 2007 A reminder was sent.

10 December 2007 A 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 2008 The Special Rapporteur requested a meeting with a representative of the State party.

29 May 2009 A reminder was sent to the State party.

2 February 2010 The Special Rapporteur requested a meeting with a representative of the State party.

25 June 2010 The Special Rapporteur requested a meeting with a representative of the State party.

28 September 2010 A letter was sent inviting the State party to reply to all concluding observations in its next periodic report.

13 October 2010 Consultations were held during the 100th session. The delegation agreed to transmit to the Government the request by the Special Rapporteur and the Committee. No reply has been received.

Recommended action: No other action recommended.

Next report due: 1 August 2010

UNMIK

Report considered: Report by UNMIK on the human rights situation in Kosovo, 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 prosecutors of the International Criminal Tribunal for the former Yugoslavia (articles 2, 3, 6 and 7 of the Covenant).

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 (articles 2, 3, 6 and 7 of the Covenant).

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 (article 12 of the Covenant).

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).

12 November 2009 Information received (recommendations implemented in parts, not in others).

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 C. Raymundo, Senior Human Rights Adviser 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.

3 June 2009 A letter was sent to request additional information.

27 August 2009 A reminder was sent.

28 September 2010 (sent late) While taking note of the cooperativeness of UNMIK, the Committee sent a letter in which it noted the measures taken but indicated that none of the recommendations has been fully implemented.

Recommended action: No other action recommended.

State party: Bosnia and Herzegovina

Report considered: Initial report (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 (articles 2, 25 and 26 of the Covenant).

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 (articles 2, 3, 6 and 7 of the Covenant).

Para. 19: Improvement of material and hygiene 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 (articles 7 and 10 of the Covenant).

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 (articles 2, 17 and 26 of the Covenant).

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).

4 March 2009 Partial reply (responses incomplete with regard to paragraphs 8, 14, 19 and 23).

14 December 2009 Supplementary follow-up report received (para. 8: implementation begun but not completed; para. 14: response partially largely satisfactory, partially incomplete; para. 19: response partially largely satisfactory, partially incomplete; para. 23: response cooperative but incomplete).

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.

29 May 2009 Additional information was requested.

27 August 2009 A reminder was sent.

11 December 2009 A reminder was sent.

Recommended action: While taking note of the cooperativeness of Bosnia and Herzegovina, the Committee should send a letter indicating that the information provided by the State party is considered to be incomplete with regard to certain questions (concerning the Fund for Support to the Families of Missing Persons: no indication is given as to when the legislative amendments are to be adopted, nor as to how the Fund is financed, para. 14; no additional information is provided concerning the situation at the Sokolac Psychiatric Hospital and the Zenica Prison Forensic Psychiatric Annex, para. 19; concerning the relocation plan for the Roma settlement at Butmir and the right to compensation: the need for adequate financial compensation should be reviewed, such compensation being required in any case in situations of forced expulsion or expropriation by the public authorities, para. 23). The State party should be invited to respond to all concluding observations in its next periodic report, which is due on 1 November 2010.

Next report due : 1 November 2010

State party: Honduras

Report considered : Initial report (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 (articles 6 and 24 of the Covenant).

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 (articles 6 and 7 of the Covenant).

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 (articles 7, 8 and 24 of the Covenant).

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 (article 27 of the Covenant).

Date information due : 1 November 2007

Date information received:

7 January 2007 Information on paragraph 18 (article 16 of the Covenant), 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).

22 October 2010 Additional information has been received on the following: the investigations and prosecutions carried out and the convictions and penalties handed down, para. 9 (partial reply): measures to guarantee access to education and medical services for members of indigenous communities, para. 19 (partial reply): measures required to resolve the problem of indigenous ancestral lands, para. 19 (partial reply).

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 request for additional information was sent.

6 May 2009 A reminder was sent to the State party.

27 August 2009 A further reminder was sent.

2 February 2010 The Special Rapporteur requested a meeting with a representative of the State party.

25 June 2010 The Special Rapporteur requested a meeting with a representative of the State party.

28 September 2010 (sent late) The Special Rapporteur requested a meeting with a representative of the State party.

21 October 201 0 Consultations were held during the 100th session. The delegation agreed to transmit to the Government the request by the Special Rapporteur and the Committee.

Recommended action: In view of the additional information sent by the State party on 22 October 2010, it should be invited to reply to the concluding observations as a whole in its next periodic report, which is due on 31 October 2010.

Next report due : 31 October 2010

State party: Ukraine

Report considered : Sixth periodic report (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 (article 6 of the Covenant).

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 (article 10 of the Covenant).

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

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

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).

28 August 2009 Supplementary follow-up report received (para. 7: some recommendations not implemented, some replies incomplete; para. 11: replies satisfactory in parts, incomplete in others; para. 14: replies incomplete; para. 16: replies satisfactory in parts, incomplete in others).

Action taken:

17 January 2008 A reminder was sent.

16 December 2008 Additional information was requested.

6 May 2009 A reminder was sent to the State party.

26 April 2010 A letter was sent indicating that the procedure was complete with regard to the issues concerning which the replies supplied by the State party were considered to be largely satisfactory: provision of hygienic facilities and adequate food in detention facilities (para. 11); and claims for restitution of Muslim property (para. 16). The letter also included a request for additional information on certain questions: investigation of deaths in detention (para. 7); relieving prison overcrowding (para. 11); use of alternative sanctions to reduce the prison population (para. 11); protection of freedom of opinion and expression (para. 14); and availability of remedies for discrimination based on the victim’s ethnic, linguistic or religious identity (para. 16). Lastly, the letter highlighted a number of points concerning which the Committee considered that its recommendations had not been implemented: establishment of an independent police complaints mechanism (para. 7); and the introduction of a system for videotaping the interrogation of criminal suspects as a safeguard (para. 7).

28 September 2010 (sent late)A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 2 November 2011

State party: Barbados

Report considered: Third periodic report (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 International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; remove prescription of mandatory death sentences from relevant laws and ensure that such laws are compatible with article 6 of the Covenant (article 6 of the Covenant).

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

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

Date information due: 1 April 2008

Date information received:

31 March 2009 Partial reply received (para. 9: partly largely satisfactory, partly recommendations not implemented; para. 12: recommendations not implemented; para. 13: recommendations not implemented and replies incomplete).

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.

31 March 2009 During the ninety-fifth session, the Special Rapporteur met with the Ambassador of the State party, who provided him with the reply to questions concerning follow-up to the concluding observations.

29 July 2009 (sent late) A letter was sent to request additional information and to state that the follow-up procedure with respect to certain issues is considered completed due to non-implementation. The letter also invites the State party to report on these issues in its next periodic report.

23 April 2010 A reminder was sent.

28 September 2010 (sent late) A reminder was sent.

Recommended action : No recommendation pending receipt of replies to the late reminder.

Next report due: 29 March 2011

State party: Chile

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

Information requested:

Para. 9: Ensure that serious human rights violations committed under the dictatorship are punished; ensure that those 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 Truth and Reconciliation Commission and the National Commission on Political Prisoners and Torture that may help to identify those responsible for extrajudicial executions, forced disappearances and torture (articles 2, 6 and 7 of the Covenant).

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. 18314 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 (articles 1 and 27 of the Covenant).

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).

28 May 2010 Supplementary follow-up report received (responses incomplete with regard to certain questions raised in 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 request for additional information was sent.

22 June 2009 The Special Rapporteur requested a meeting with a representative of the State party.

28 July 2009 The Special Rapporteur held a meeting with representatives of the State party in order to discuss some issues relating to paragraphs 9 and 19. The Ambassador informed the Special Rapporteur that the State party’s replies to the Committee’s request for additional follow-up information are currently being prepared and will be submitted as soon as possible.

11 December 2009 A reminder was sent.

23 April 2010 A further reminder was sent.

Recommended action: While taking note of the cooperativeness of the State party, the Committee should send a letter requesting additional information on: the steps taken to ascertain the suitability of persons who have served sentences for committing human rights violations to hold public office (para. 9); and the publication of all documentation collected by the Truth and Reconciliation Commission and the National Commission on Political Prisoners and Torture (CNPPT) that may help identify those responsible for extrajudicial executions (para. 9). The letter should also indicate that implementation of the recommendations is considered to be incomplete with regard to: the statute of limitations for serious human rights violations (para. 9); the steps taken to ensure respect for and recognition of the land rights of indigenous communities (para. 19); and the application of antiterrorist legislation (Act No. 18314) in place of the Criminal Code (para. 19).

Next report due: 27 March 2012

State party: Madagascar

Report considered: Third periodic report (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 (article 2 of the Covenant).

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

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

Date information due: 1 April 2008

Date information received:

3 March 2009 Partial reply (responses incomplete with regard to paragraphs 7, 24, 25).

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.

29 May 2009 Additional information was requested.

3 September 2009 A reminder was sent.

11 December 2009 A reminder was sent.

25 June 2010 The Special Rapporteur requested a meeting with a representative of the State party.

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 23 March 2011

State party: Czech Republic

Report considered: Second periodic report (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 (articles 2, 7, 9 and 26 of the Covenant).

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 (articles 9 and 16 of the Covenant).

Para. 16: Measures to combat discrimination against Roma (articles 2, 26 and 27 of the Covenant).

Date information due: 1 August 2008

Date information received:

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

22 March 2010 and 1 July 2010 Supplementary follow-up report received.

Action taken:

11 June 2008 A reminder was sent.

10 December 2008 Additional information was requested.

6 May 2009 A reminder was sent to the State party.

6 October 2009 A further reminder was sent.

February 2010 The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: The additional replies of the State party should be considered at the next session.

Next report due: 1 August 2011

State party: Sudan

Report considered: Third periodic report (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 in cases of the commission of serious crimes;

(g)Ensure appropriate reparation for victims of serious human rights violations (articles 2, 3, 6, 7 and 12 of the Covenant).

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 (articles 2, 6 and 7 of the Covenant).

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 (articles 8 and 24 of the Covenant).

Date information due: 1 August 2008

Date information received:

19 October 2009 Follow-up report received (responses incomplete with regard to paragraphs 9, 11 and 17). The annexes have not been received, however, despite repeated requests by the secretariat.

Action taken:

22 September 2008 A reminder was sent.

19 December 2008 A further reminder was sent.

22 June 2009 The Special Rapporteur requested a meeting with a representative of the State party.

7 October 2009 The Special Rapporteur requested a meeting with a representative of the Sudan.

26 February 2010 A note verbale requesting the annexes was sent.

Recommended action: While taking note of the cooperativeness of the State party, the Committee should send a letter indicating that the information provided by the State party with regard to paragraphs 9, 11 and 17 is considered to be incomplete. The State party should also be thanked for its response to paragraphs 7, 8, 10, 12, 15, 16, 18, 20, 23, 24, 27 and 28, which it was not required to provide, since the request concerned the next periodic report. The State party should be invited to respond to all concluding observations in its next periodic report, which was due on 26 July 2010.

Next report due: 26 July 2010

State party: Zambia

Report considered: Third periodic report (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 (article 2 of the Covenant).

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 (articles 2 and 3 of the Covenant).

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 (articles 7, 9 and 10 of the Covenant).

Date information due: 1 August 2008

Date information received:

9 December 2009 Follow-up report received (para. 10: no reply; paras. 12, 13 and 23: replies incomplete).

Action taken:

Between September 2008 and May 2009 Three reminders were sent.

7 October 2009 The Special Rapporteur requested a meeting with a representative of Zambia.

28 October 2009 The Special Rapporteur met with a representative of the State party and discussed some points relating to the information requested. The representative of the State party informed the Special Rapporteur that the replies of the State party to the Committee’s follow-up questions are currently being prepared and will be submitted as soon as possible (November 2009).

26 April 2010 A letter was sent requesting additional, more specific information on certain questions.

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 20 July 2011

State p arty: Georgia

Report c onsidered: Third periodic report (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 (articles 3, 23 and 26 of the Covenant).

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 (article 6 of the Covenant).

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

Date information due: 1 November 2008

Date information received:

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

28 October 2009 Additional information submitted (para. 8: replies satisfactory in parts, incomplete in others; para. 9: replies satisfactory in parts, incomplete in others; para. 11: replies satisfactory in parts, incomplete in others).

Action taken:

16 December 2008 A reminder was sent.

29 May 2009 Additional information was requested.

27 August 2009 A reminder was sent.

28 September 2010 (sent late) While taking note of the cooperativeness of the State party, the Committee sent a letter requesting additional, more specific information on a number of questions: investigations into complaints related to domestic violence and other acts of violence against women (para. 8); protection of victims of domestic violence, including by establishing a sufficient number of shelters (para. 8); impartial investigations into complaints about the excessive use of force by law enforcement officials (para. 9); prosecution of the perpetrators of such acts (para. 9); and steps to end prison overcrowding (para. 11).

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 1 November 2011

State p arty: Libyan Arab Jamahiriya

Report c onsidered: Fourth periodic report (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 (articles 3, 7 and 26 of the Covenant).

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

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

Date information due: 30 October 2008

Date information received:

24 July 2009 Partial reply (para. 10: partly recommendation not implemented, partly reply incomplete; para. 21: partly recommendation not implemented (amendments to draft penal code); para. 23: partly recommendation not implemented, partly reply incomplete (compatibility of draft laws with the Covenant)).

Action taken:

16 December 2008 A reminder was sent.

9 June 2009 A reminder was sent to the State party.

4 January 2010 Additional information was requested.

23 April 2010 A reminder was sent along with a request to meet with a representative of the State party.

28 September 2010 The Special Rapporteur requested a meeting with a representative of the State party.

12 October 2010 Consultations were held during the 100th session. The delegation agreed to transmit to the Government the request by the Special Rapporteur and the Committee. This was confirmed in a letter dated 18 October 2010.

Recommended action: If no information is received, the State party should be invited to reply to the concluding observations as a whole in its next periodic report, due on 30 October 2010.

Next report due: 30 October 2010

State p arty: Algeria

Report considered: Third periodic report (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 (articles 2 and 9 of the Covenant).

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 (articles 2, 6, 7, 9, 10 and 16 of the Covenant).

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 (articles 2, 6 and 7 of the Covenant).

Date information due: 1 November 2008

Date information received:

7 November 2007 In a memorandum addressed to the Special Rapporteur (CCPR/C/DZA/CO/3/Add.1), the State party explained its position on the concluding observations and gave partial replies on paragraphs 11, 12 and 15.

14 January and 12 October 2009 Letter addressed to the Special Rapporteur (the State party repeated its position, as explained in its memorandum of 7 November 2007, and again requested that the memorandum should be issued as an annex to the annual report of the Committee).

27 July 2010 Communication addressed to the Special Rapporteur informing him of the availability of representatives of the State party to meet with him at the ninety-ninth session of the Committee.

Action taken:

16 December 2008 A reminder was sent.

29 May 2009 Additional information was requested.

27 August 2009 A reminder was sent.

11 December 2009 A reminder was sent. In addition, the Special Rapporteur requested a meeting with a representative of the State party.

25 June 2010 The Special Rapporteur requested a meeting with a representative of the State party.

28 July 2010 The Special Rapporteur requested a meeting with a representative of the State party at the 100th session of the Committee.

11 October 2010 Consultations were held during the 100th session. The delegation agreed to transmit to the Government the request by the Special Rapporteur and the Committee. No reply has been received.

Recommended action: If no information is received, the State party should be invited to reply to the concluding observations as a whole in its next periodic report, due on 1 November 2011.

Next report due: 1 November 2011

State p arty: Costa Rica

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

Information requested:

Para. 9: Measures to put an end to overcrowding in detention centres (article 10 of the Covenant).

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

Date information due: 1 November 2008

Date information received:

17 March 2009 Partial reply received (cooperative but incomplete information).

17 November 2009 Information received (para. 9: response incomplete; para. 12: information largely satisfactory).

Action taken:

16 December 2008 A reminder was sent.

30 July 2009 (sent late) A letter was sent to request additional and more specific information.

28 September 2010 (sent late) A letter was sent indicating that the follow-up procedure had been completed with respect to those questions to which the answers provided by the State party were considered to be generally satisfactory: efforts to combat trafficking in women and children and sexual exploitation (para. 12). While taking note of the cooperativeness of the State party, the letter included a request for additional information on certain questions: improving conditions in detention centres and measures to solve the problem of prison overcrowding (para. 9).

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 1 November 2012

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

State p arty: Tunisia

Report considered: Fifth periodic report (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 alleging torture (articles 2 and 7 of the Covenant).

Para. 14: Commutation of all death sentences; consider abolishing the death penalty and ratifying the second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (articles 2, 6 and 7 of the Covenant).

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 (articles 9, 19, 21 and 22 of the Covenant).

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 (articles 21 and 22 of the Covenant).

Date information due: 1 April2009

Date information received:

16 March 2009 Partial reply (para. 11: cooperative but information incomplete; para. 14: recommendations not implemented; paras. 20 and 21: receipt acknowledged but non-specific information).

2 March 2010 Supplementary follow-up report received.

Action taken:

30 July 2009 (sent late) A letter was sent to request additional information and to state that the follow-up procedure with respect to certain issues is considered completed due to non-implementation and to ask the State party to report on these issues in its next periodic report.

4 October 2010 (sent late) While taking note of the cooperativeness of the State party, the Committee sent a letter indicating that the follow-up procedure had been completed in respect of those questions to which the answers provided by the State party were considered to be generally satisfactory: training of law enforcement officials (para. 11). The letter also included a request for additional information on certain questions: complaints alleging torture submitted to, and registered by, the authorities; number of compensation awards (para. 11); steps taken to protect the peaceful activities of human rights organizations and defenders, and information on investigations into allegations of intimidation (para. 20); and information on the registration of human rights associations (para. 21).

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 March 2012

State p arty: Botswana

Report considered: Initial report (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 of every individual to request the transfer of a case and to appeal customary courts’ decisions to constitutional law courts (articles 2 and 3 of the Covenant).

Para. 13: Ensure that the death penalty is imposed only 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 (article 6 of the Covenant).

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

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 (articles 7, 9 and 10 of the Covenant).

Date information due: 1 April 2009

Date information received: None received.

Action taken:

8 September 2009 A reminder was sent.

11 December 2009 A reminder was sent.

28 September 2010 (sent late) The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 March 2012

State p arty: The former Yugoslav Republic of Macedonia

Report considered: Second periodic report (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 (articles 2, 6 and 7 of the Covenant).

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 (articles 2, 7, 9 and 10 of the Covenant).

Para. 15: Find immediate and durable solutions for all internally displaced persons in consultation with them and in accordance with the Guiding Principles on Internal Displacement (article 12 of the Covenant).

Date information due: 1 April 2009

Date information received:

31 August 2009 Follow-up report received (paras. 12 and 15: replies incomplete; para. 14: recommendation not implemented in part; reply lacking in part).

Action taken:

27 August 2009 A reminder was sent.

26 April 2010 A letter was sent in which the Committee requested additional information on certain questions: measures taken to ensure that the most serious human rights violations, crimes against humanity and war crimes are thoroughly investigated (para. 12); review of practices and procedures with a view to preventing the illegal rendition of prisoners (para. 14). The letter also highlighted the points concerning which the Committee considered that its recommendations had not been implemented: a new and comprehensive investigation into the allegations made by Mr. Khaled al-Masri. In addition, the State party was invited to keep the Committee apprised of any new development in respect of displaced persons.

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 1 April 2012

State party: Panama

Report considered: Third periodic report (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 (article 10 of the Covenant).

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

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 (articles 3 and 7 of the Covenant).

Date information due: 1 April 2009

Date information received: None received.

Action taken:

Reminders were sent on 27 August 2009, 11 December 2009 and 23 April 2010.

28 September 2010 (sent late) The Special Rapporteur requested a meeting with a representative of the State party.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 March 2012

State party: France

Report considered: Fourth periodic report (due since 31 December 2000), submitted on 13 February 2007.

Information requested:

Para. 12: Collect and report adequate statistical data, disaggregated on the basis of racial, ethnic and national origin, and to meet the reporting guidelines of the Committee (articles 2, 25, 26 and 27 of the Covenant).

Para. 18: Review the detention policy in regard to undocumented foreign nationals and asylum-seekers, including unaccompanied children; reduce overcrowding and improve living conditions in detention centres, especially those in the Overseas Departments and Territories (articles 7, 10 and 13 of the Covenant).

Para. 20: Ensure that the return of foreign nationals, including asylum-seekers, is assessed through a fair process that effectively excludes the real risk that any person will face serious human rights violations upon his return; properly inform and assure undocumented foreign nationals and asylum-seekers of their rights, including the right to apply for asylum, with access to free legal aid; ensure that all individuals subject to deportation orders have an adequate period to prepare an asylum application, with guaranteed access to translators, and a right of appeal with suspensive effect; recognize that the more systematic the practice of torture or cruel, inhuman or degrading treatment, the less likely it will be that a real risk of treatment incompatible with the Covenant can be avoided by diplomatic assurances, however stringent any agreed follow-up procedure may be; exercise the utmost care in the use of such assurances and adopt clear and transparent procedures allowing review by adequate judicial mechanisms before individuals are deported, as well as effective means to monitor the fate of the affected individuals (articles 7 and 13 of the Covenant).

Date information due: 31 July 2009

Date information received:

20 July 2009 Follow-up report received (in the main largely satisfactory; para. 18: responses partially incomplete; para. 20: responses partially incomplete).

9 July 2010 Additional follow-up report received (generally satisfactory, para. 12; partially incomplete response, paras. 18 and 20).

Action taken:

11 January 2010 A letter was sent requesting additional information and stating that the follow-up procedure with respect to certain issues is considered completed.

Recommended action: A letter should be sent to the State party indicating that the follow-up procedure has been completed in respect of those questions for which the information provided by the State party was considered to be generally satisfactory (paragraph 12 of the concluding observations). The letter should include a request for additional information on certain questions (more specific and precise information on the situation in detention centres in the Overseas Departments and Territories, para. 18; and on the automatic suspension of deportation proceedings in “ national security ” removals and implementation of the law with regard to undocumented adults and asylum-seekers, para. 20).

Next report due: 1 August 2012

State party: San Marino

Report considered: Second periodic report, submitted on 31 October 2006.

Information requested:

Para. 6: Establish a genuinely independent monitoring mechanism for implementation of Covenant rights, which is fully in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) adopted by the General Assembly in resolution 48/134.

Para. 7: Adopt a comprehensive anti-discrimination legal framework which expressly indicates all those grounds of discrimination that are presently subsumed under the notion of “personal status” (grounds of discrimination such as sexual orientation, race, colour, language, nationality and national or ethnic origin).

Date information due : 1 August 2009

No information received.

Action taken:

14 December 2009 A reminder was sent.

23 April 2010 A reminder was sent.

28 September 2010 (sent late) A further reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 July 2013

State party: Ireland

Report considered: Third periodic report (due 31 July 2005), submitted on 23 February 2008.

Information requested:

Para. 11: Introduce a definition of “terrorist acts” in its domestic legislation, limited to offences which can justifiably be equated with terrorism and its serious consequences; monitor how and how often terrorist acts have been investigated and prosecuted, including with regard to the length of pretrial detention and access to a lawyer; exercise the utmost care in relying on official assurances; establish a regime for the control of suspicious flights and ensure that all allegations of so-called renditions are publicly investigated.

Para. 15: Increase efforts to improve the conditions of all persons deprived of liberty before trial and after conviction, fulfilling all requirements outlined in the Standard Minimum Rules for the Treatment of Prisoners; in particular, address the issue of overcrowding and the “slopping-out” of human waste; detain remand prisoners in separate facilities and promote alternatives to imprisonment; submit detailed statistical data to the Committee showing progress since the adoption of the present recommendation, including on concrete promotion and implementation of alternative measures to detention.

Para. 22: Increase efforts to ensure that non-denominational primary education is widely available in all regions of the State party, in view of the increasingly diverse and multi-ethnic composition of the population of the State party.

Date information due: 1 August 2009

Date information received:

31 July 2009 Information submitted (in the main largely satisfactory; para. 11: responses partially incomplete).

Action taken:

4 January 2010 A letter was sent requesting additional information: monitor how and how often terrorist acts have been investigated and prosecuted (para. 11); exercise the utmost care in relying on official assurances (para. 11); mandate of the Committee on Aspects of International Human Rights, which will examine the legal framework and how systems of monitoring traffic through Irish airports might be improved (para. 11); and prison overcrowding (para. 15). The letter also stated that the follow-up procedure with respect to certain issues is considered completed: improve the conditions of all persons deprived of liberty (para. 15); and ensure that non-denominational primary education is available (para. 22).

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 July 2012

State party: United Kingdom of Great Britain and Northern Ireland

Report considered: Sixth periodic report (due on 1 November 2006), submitted on 1 November 2006.

Information requested:

Para. 9: Conduct, as a matter of particular urgency, independent and impartial inquiries in order to give an account of the circumstances surrounding violations of the right to life in Northern Ireland.

Para. 12: Ensure that all individuals, including persons suspected of terrorism, are not returned to another country if there are substantial reasons for fearing that they would be subjected to torture or cruel, inhuman or degrading treatment or punishment; recognize that the more systematic the practice of torture or cruel, inhuman or degrading treatment, the less likely it will be that a real risk of such treatment can be avoided by diplomatic assurances, however stringent any agreed follow-up procedure may be; exercise the utmost care in the use of such assurances and adopt clear and transparent procedures allowing review by adequate judicial mechanisms before individuals are deported, as well as effective means to monitor the fate of the affected individuals.

Para. 14: State clearly that the Covenant applies to all individuals who are subject to its jurisdiction or control; conduct prompt and independent investigations into all allegations concerning suspicious deaths, torture or cruel, inhuman or degrading treatment or punishment inflicted by its personnel (including commanders), in detention facilities in Afghanistan and Iraq; ensure that those responsible are prosecuted and punished in accordance with the gravity of the crime; adopt all necessary measures to prevent the recurrence of such incidents, in particular by providing adequate training and clear guidance to its personnel (including commanders) and contract employees, about their respective obligations and responsibilities; provide information on the measures taken to ensure respect of the right to reparation for the victims.

Para. 15: Ensure that any terrorist suspect arrested is promptly informed of any charge against him or her and tried within a reasonable time or released.

Date information due: 1 August 2009

Date information received:

7 August 2009 Follow-up report received (para. 9: replies incomplete; para. 12: no replies to some questions; partly not implemented; para. 14: recommendations implemented in part; replies satisfactory in part and incomplete in part; para. 15: replies satisfactory in part and incomplete in part).

Action taken:

26 April 2010 A letter was sent indicating that the procedure was complete with regard to the issues concerning which the information supplied by the State party was considered to be largely satisfactory: application of the Covenant to all individuals who are subject to its jurisdiction or control (para. 14). The letter included a request for additional information on certain questions: destruction of documents and delays in the “Billy Wright” inquiry (para. 9); independence of inquiries (para. 9); investigations into allegations concerning suspicious deaths, torture or cruel, inhuman or degrading treatment or punishment in detention facilities in Afghanistan and Iraq (para. 14); and measures taken to ensure respect for victims’ right to reparation. In addition, the Committee invited the State party to keep it informed of any news on the appeals before the Belfast courts on the use of extended periods of detention (para. 15).

28 September 2010 (sent late) A reminder was sent which included a request for additional information on certain questions: diplomatic assurances (para. 12).

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 31 July 2012

State party: Nicaragua

Report considered: Third periodic report (due on 11 June 1997), submitted on 20 June 2007.

Information requested:

Para. 12: Take immediate steps to put a halt to killings of women and, in particular: (a) conduct investigations and punish their attackers; (b) allow the victims of gender violence effective access to justice; (c) provide police protection for victims, and set up shelters; (d) maintain and promote opportunities for direct participation by women, both nationally and locally, in decision-taking on matters related in particular to violence against women, and ensure that women participate and are represented in civil society; (e) take steps to prevent and warn against gender violence, for example by providing training for police officers, particularly those in the police units for women.

Para. 13: Bring its legislation on abortion into line with the provisions of the Covenant; take steps to help women avoid unwanted pregnancies so that they do not need to resort to illegal or unsafe abortions which may endanger their lives, or seek abortions abroad; avoid penalizing medical professionals in the conduct of their professional duties.

Para. 17: Step up its efforts to improve conditions for all persons deprived of their liberty, complying with all the requirements of the Standard Minimum Rules for the Treatment of Prisoners; tackle overcrowding as a matter of priority; supply figures to illustrate the progress made since the approval of this recommendation.

Para. 19: Take the necessary action to put a stop to alleged instances of systematic persecution and death threats, particularly against the defenders of women’s rights, and ensure that those responsible are duly punished; guarantee organizations of human rights defenders the right to freedom of expression and association in the conduct of their activities.

Date information due: 31 October 2009

No information received.

Action taken:

23 April 2010 A reminder was sent.

8 October 2010 (sent late) A further reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 29 October 2012

State party: Monaco

Report considered: Second periodic report (due on 1 August 2006), submitted on 4 March 2007.

Information requested:

Para. 9: Adopt specific legislation on domestic violence; step up public information campaigns, inform women of their rights, and provide victims with material and psychological support; in addition, the police should be given specific training on the subject.

Date information due: 31 October 2009

Date information received:

26 March 2010 Follow-up report received (responses largely satisfactory).

Action taken:

8 October 2010 (sent late) While taking note of the cooperativeness of the State party, the Committee sent a letter indicating that the follow-up procedure had been completed with respect to those questions to which the responses provided by the State party were considered to be largely satisfactory. In addition, the State party was invited in the letter to keep the Committee apprised of any new developments in respect of the bill designed to combat and prevent specific forms of violence and the order to be issued with a view to improving the training of judges and other officials.

Recommended action: No other action recommended.

Next report due: 28 October 2013

State party: Denmark

Report considered: Fifth periodic report (due on 31 October 2005), submitted on 23 July 2007.

Information requested:

Para. 8: Continue its efforts to eliminate violence against women, including domestic violence, by means of, inter alia, information campaigns on the criminal nature of this phenomenon and the allocation of sufficient financial resources to prevent such violence and provide protection and material support to victims.

Para. 11: Review its legislation and practice in relation to solitary confinement during pretrial detention, with a view to ensuring that such a measure is used only in exceptional circumstances and for a limited period of time.

Date information due: 31 October 2009

Date information received:

4 November 2009 Follow-up report received (para. 8: replies incomplete; para. 11: replies largely satisfactory).

Action taken:

26 April 2010 A letter was sent indicating that the procedure was complete with regard to the issues concerning which the information supplied by the State party was considered to be largely satisfactory: review of legislation on solitary confinement during pretrial detention (para. 11). The letter included a request for additional information on certain questions: measures aimed at eliminating violence against women.

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due : 31 October 2013

State party: Japan

Report considered: Fifth periodic report (due in October 2002), submitted on 20 December 2006.

Information requested:

Para. 17: Provide for mandatory review of death sentences and ensure the suspensive effect of requests for retrial or pardon in such cases; limits may be placed on the number of requests for pardon in order to prevent abuse of the suspension; in addition, ensure the strict confidentiality of all meetings between death row inmates and their lawyers concerning retrial.

Para. 18: Abolish the substitute detention system or ensure that it is fully compliant with all guarantees contained in article 14 of the Covenant; ensure that all suspects are guaranteed the right of confidential access to a lawyer, including during the interrogation process, and to legal aid from the moment of arrest and irrespective of the nature of their alleged crime, and to all police records related to their case, as well as to medical treatment; introduce a pre-indictment bail system.

Para. 19: Adopt legislation prescribing strict time limits for the interrogation of suspects and sanctions for non-compliance; ensure the systematic use of video-recording devices during the entire duration of interrogations and guarantee the right of all suspects to have counsel present during interrogations; acknowledge that the role of the police during criminal investigations is to collect evidence for the trial rather than establishing the truth, ensure that silence by suspects is not considered inculpatory, and encourage courts to rely on modern scientific evidence rather than on confessions made during police interrogations.

Para. 21: Relax the rule under which inmates on death row are placed in solitary confinement; ensure that solitary confinement remains an exceptional measure of limited duration; introduce a maximum time limit; require, as a compulsory measure, the prior physical and mental examination of any inmate who is to be confined in a protection cell; and discontinue the practice of segregating certain inmates in “accommodating blocks” without clearly defined criteria or possibilities of appeal.

Date information due: 31 October 2009

Date information received:

21 December 2009Follow-up report received (para. 17: recommendations partly not implemented, replies partly incomplete; para. 18: replies incomplete; para. 19: recommendations partly implemented; para. 21: recommendations partly not implemented, replies partly satisfactory).

Action taken:

28 September 2010 (sent late)While taking note of the cooperativeness of the State party, the Committee sent a letter requesting additional information on certain questions: confidentiality of meetings between death row inmates and their lawyers (para. 17); the substitute detention system (para. 18); the right of confidential access to a lawyer and the right of access to legal aid/the evidence against them (para. 18); the pre-indictment bail system (para. 18); and the role of the police (para. 19). The letter should also highlight the points concerning which the Committee considers that its recommendations have not been implemented: mandatory system of review and the suspensive effect of requests for retrial or pardon (para. 17); legislation prescribing strict time limits for the interrogation of suspects (para. 19); and the rule under which death row inmates are placed in solitary confinement (para. 21). In addition, with regard to “accommodating blocks”, the letter invited the State party to keep the Committee apprised of any efforts to improve the treatment of prisoners.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due : 29 October 2011

State party: Spain

Report considered: Fifth periodic report (due on 28 April 1999), submitted on 11 December 2007.

Information requested:

Para. 13: Speed up the process of adopting a national mechanism for the prevention of torture in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Para. 15: Limit the length of police custody and pretrial detention, in a manner compatible with article 9 of the Covenant; end the practice of setting the length of pretrial detention according to the length of the sentence incurred.

Para. 16: Ensure that the decision-making process in matters concerning the detention and expulsion of foreigners complies fully with the procedure set out by law, and that humanitarian reasons can always be invoked in asylum proceedings; ensure that the new asylum law is in full conformity with the Covenant.

Date information due: 31 October 2009

Date information received:

16 June 2010 Follow-up report received.

Action taken:

23 April 2010 A reminder was sent.

Recommended action: The additional replies of the State party should be considered at a later session.

Next report due : 1 November 2012

State party: Sweden

Report considered: Sixth periodic report (due 1 April 2007), submitted on 20 July 2007.

Information requested:

Para. 10:

(a)Increase efforts to inform persons with disabilities about their rights, means of protecting them and remedies available to them if their rights are violated;

(b)Provide updated information on the impact of awareness-raising programmes. Indicate how the access of persons with disabilities to social services and goods is ensured in practice at the level of municipalities as well as other levels. Supply detailed information on the implementation of the State party’s disability policy in its next periodic report;

(c)Take effective measures to increase the employment rate for persons with disabilities, including those with a reduced work capacity.

Para. 13: Take effective measures to ensure that fundamental legal safeguards are guaranteed in practice to all persons held in custody, in particular the right to have access to a medical doctor, and to promptly inform a close relative or a third party concerning their arrest. Ensure that the information leaflet on fundamental safeguards is made available at all places where persons are deprived of their liberty.

Para. 16: Ensure that no individuals, including persons suspected of terrorism, are exposed to the danger of torture or cruel, inhuman or degrading treatment or punishment. Recognize that the more systematic the practice of torture or cruel, inhuman or degrading treatment, the less likely it will be that a real risk of such treatment can be avoided by diplomatic assurances, however stringent any agreed follow-up procedure may be. Exercise the utmost care in the use of such assurances and adopt clear and transparent procedures allowing review by adequate judicial mechanisms before individuals are deported, as well as effective means to monitor the fate of the individuals concerned.

Para. 17: Permit detention of asylum-seekers only in exceptional circumstances and limit the length of such detentions; avoid placing asylum-seekers in remand prisons. Consider placement alternatives for asylum-seekers and ensure that asylum-seekers are not deported before a final decision concerning their applications has been taken. Ensure that asylum-seekers have the right to access adequate information in order to respond to arguments and evidence utilized in their case.

Date information due: 1 April 2010

Date information received:

18 March 2010 Follow-up report received (paras. 10–13: response largely satisfactory; para. 16: response incomplete; para. 17: responses incomplete in parts, recommendations not implemented in parts, no response on certain points).

Action taken:

28 September 2010 A letter was sent indicating that the follow-up procedure had been completed with regard to those questions to which the responses supplied by the State party were considered to be largely satisfactory: rights of persons with disabilities (para. 10) and fundamental legal safeguards for persons held in custody (para. 13). The letter included a request for additional information on certain issues: diplomatic assurances (para. 16); detention and placement of asylum-seekers, and access to information (para. 17). It also highlighted the points concerning which the Committee considers that its recommendations have not been implemented: limit the length of detention of asylum-seekers (para. 17).

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 1 April 2014

State party: Rwanda

Report considered: Third periodic report (due in 1992), submitted on 12 September 2007.

Information requested:

Para. 12: Ensure that all allegations of enforced disappearances and summary or arbitrary executions are investigated by an independent authority and that those responsible for such acts are prosecuted and duly punished. Grant an effective remedy, including adequate compensation, to the victims or their families, in accordance with article 2 of the Covenant.

Para. 13: Take steps to ensure that the cases of the large number of persons, including women and children, reported to have been killed from 1994 onwards in the course of operations by the Rwandan Patriotic Army are investigated by an independent authority and that those responsible are prosecuted and duly punished.

Para 14: Put an end to the sentence of solitary confinement and ensure that persons sentenced to life imprisonment benefit from the safeguards of the United Nations Standard Minimum Rules for the Treatment of Prisoners.

Para. 17:

(a)Ensure that all tribunals and courts in Rwanda operate in accordance with the principles set out in article 14 of the Covenant and paragraph 24 of the Committee’s general comment No. 32 (2007), on the right to equality before courts and tribunals and to a fair trial, which provides that courts based on customary law cannot hand down binding judgements recognized by the State, unless the following requirements are met: proceedings before such courts are limited to minor civil and criminal matters and meet the basic requirements of fair trial and other relevant guarantees of the Covenant;

(b)Have the judgements of these courts been validated by State courts in light of the guarantees set out in the Covenant and allow them to be challenged in a procedure meeting the requirements of article 14 of the Covenant.

Date information due: 1 April 2010

No information received.

Action taken:

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due : 1 April 2013

State party: Australia

Report considered: Fifth periodic report (due on 31 July 2005), submitted on 7 August 2007.

Information requested:

Para. 11: Ensure that counter-terrorism legislation and practices are in full conformity with the Covenant. Address the vagueness of the definition of a terrorist act in the Criminal Code Act 1995, in order to ensure that its application is limited to offences that are indisputably terrorist offences:

(a)Guarantee the right to be presumed innocent by avoiding reversing the burden of proof;

(b)Ensure that the notion of “exceptional circumstances” does not create an automatic obstacle to release on bail;

(c)Envisage abrogating the provisions that give the Australian Security Intelligence Organization (ASIO) the power to detain people without access to a lawyer and in conditions of secrecy for renewable periods of up to seven days.

Para. 14: Redesign Northern Territory Emergency Response (NTER) measures in direct consultation with the indigenous peoples concerned, in order to ensure that they are consistent with the 1995 Racial Discrimination Act and the Covenant.

Para. 17: Strengthen efforts towards the elimination of violence against women, especially perpetrated against indigenous women, and implement the National Plan of Action to Reduce Violence against Women and Their Children, as well as the recommendations of the 2008 Family Violence and Homeless report.

Para. 23:

(a)Consider abolishing the remaining elements of the mandatory immigration detention policy;

(b)Implement the recommendations made by the Human Rights and Equality Commission in its Immigration Detention Report of 2008;

(c)Consider closing down the Christmas Island detention centre;

(d)Enact in legislation a comprehensive immigration framework in compliance with the Covenant.

Date information due: 1 April 2010

No information received.

Action taken:

28 September 2010 (sent late) A reminder was sent.

Recommended action: No recommendation pending receipt of replies to the late reminder.

Next report due: 1 April 2013

State party: Azerbaijan

Report considered: Third periodic report (due 1 November 2005), submitted on 4 October 2007.

Information requested:

Para. 9: Refrain from extraditing, expelling, deporting or forcibly returning aliens to a country where they would face a real risk of torture or ill-treatment; and establish a mechanism allowing aliens who claim that their forced removal would put them at risk of torture or ill-treatment to file an appeal with suspensive effect.

Para. 11: Establish without delay an independent body with authority to receive and investigate all complaints of use of force incompatible with the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169) and the basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990), and other abuses of power by law enforcement officials; ensure that all complaints relating to torture or ill-treatment are examined promptly and thoroughly and that the victims are compensated; those responsible should be prosecuted and punished; also ensure that all places of detention are subject to regular independent inspection; provide adequate training to law enforcement and prison officials and ensure that the rights under the Covenant are fully protected; and, lastly, give serious consideration to the introduction of systematic use of audio and video equipment in police stations and detention facilities.

Para. 15: Take the necessary measures to put an end to direct and indirect restrictions on freedom of expression: legislation on defamation should be brought into line with article 19 of the Covenant by ensuring a proper balance between the protection of a person’s reputation and freedom of expression; strike a balance between information on the acts of “public figures” and the right of a democratic society to be informed on issues of public interest; effectively protect media workers against attempts on their integrity and life and pay special attention and react vigorously if such acts occur; refrain from unreasonably restraining independent newspapers as well as local broadcasting of radio stations; and treat users of non-conventional media in strict compliance with article 19 of the Covenant.

Para. 18: Simplify the address registration procedure so as to enable all individuals who reside legally in Azerbaijan, including internally displaced persons, to fully exercise their rights and freedoms under the Covenant.

Date information due: 30 July 2010

Date information received: 6 July 2010: Follow-up report received.

Recommended action: The additional replies by the State party should be translated and considered at a later session.

Next report due: 1 August 2013

State party: Chad

Report considered: Initial report (due 8 September 1996), submitted on 18 September 2007.

Information requested:

Para. 10: Take all appropriate steps to put a stop to and guarantee that all human rights violations brought to its attention are investigated and that the perpetrators are prosecuted and punished under criminal law; ensure that State bodies and agents provide the necessary protection to victims of human rights violations and should undertake to guarantee in all circumstances that victims have effective access to remedies and to appropriate reparations.

Para. 13: Take all necessary and appropriate measures to:

(a)Increase protection for displaced persons both within and around their camps;

(b)Strengthen its capacity to protect displaced women, conduct investigations, institute proceedings, punish all perpetrators of sexual violence and provide victims with all necessary assistance;

(c)Formulate and adopt a legal framework and a national strategy covering all phases of displacement;

(d)Create conditions that offer lasting solutions to displaced persons, including their voluntary and safe return.

Para. 20: Take all necessary and effective measures to bring to justice all those responsible for serious human rights violations, including the violations committed during the events of February 2008; and promptly implement the recommendations made by the Commission of Inquiry in 2008.

Para. 32: Protect the minor Khadidja Ousmane Mahamat, provide her with all necessary assistance and prosecute and punish those who have committed violence against her.

Date information due: 29 July 2010

No information received.

Recommended action: A reminder should be sent.

Next report due: 31 July 2012

State party: Netherlands

Report considered: Fourth periodic report (due 1 August 2006), submitted on 9 May 2007.

Information requested:

Para. 7: Review the law on the Termination of Life on Request and Assisted Suicide in the light of the Covenant’s recognition of the right to life.

Para. 9: Ensure that the procedure for processing asylum applications allows for a thorough and adequate assessment by allowing a period of time adequate for the presentation of evidence; in all cases, ensure respect for the principle of non-refoulement.

Para. 23: Ensure as a matter of urgency that conditions in places of detention are improved to meet the standard set out in article 10, paragraph 1.

Date information due: 28 July 2010

No information received.

Recommended action: A reminder should be sent.

Next report due: 31 July 2014

State party: United Republic of Tanzania

Report considered: Fourth periodic report (due in June 2002), submitted on 16 October 2007.

Information requested:

Para. 11: Adopt effective and concrete measures to combat female genital mutilation vigorously, in particular in those regions where the practice remains widespread, and ensure that the perpetrators are brought to justice; and amend its legislation with a view to criminalizing female genital mutilation regarding women above the age of 18.

Para. 16: Take measures towards the abolition of corporal punishment as a lawful sanction; also promote non-violent forms of discipline as alternatives to corporal punishment within the educational system and carry out public information campaigns about its harmful impact.

Para. 20: Amend the legislation providing for imprisonment for failure to pay a debt.

Date information due: 28 July 2010

No information received.

Recommended action: A reminder should be sent.

Next report due: 1 August 2013