Follow-up report to the Concluding Observations

On Monday, 2nd November 2015, the Special Rapporteur for follow-up to concluding observations, Ms Cleveland, presented her draft report to the Human Rights Committee.

The text adopted assesses the recent information received by the Committee on the implementation of the follow-up recommendations in relation to Albania, Armenia, Finland, Georgia, Kenya, Nepal, Paraguay and Tajikistan.

First round assessment

Kenya

Kenya took initial action on strengthening the participation of women in the public and private sectors (B2) and in addressing overcrowding in detention centres (B2). However, the Committee considered the State had not implemented the recommendations on investigating, prosecuting and sanctioning cases of post 2007 election violence (C1) and allegations of torture and ill-treatment (C2).

Albania

Albania did not implement the recommendations related to the investigation into the January 2011 demonstrations (C1) and did not provide information on the compensation of victims of these events (D1). On the other hand, substantive action was taken to improve the procedures for asylum seekers (B1).

Tajikistan

The Committee considered that the responses received from Tajikistan on the implementation of recommendations concerning the rights of all arrested persons (C1), the reform of the judiciary (C1) and the registration of NGOs (C1) were not satisfactory. It also regretted that no information was provided on measures to ensure that conditions of membership of the Bar do not compromise the independence of lawyers (D1)

Nepal

Nepal took legislative measures to ensure that human rights violations are prohibited by law as criminal offences (B2) and to create a transitional justice mechanism (B2). However, replies concerning the investigation, prosecution and punishment of the perpetrators of human rights violations were not satisfactory (C1-C2). No information was provided on the investigation of allegations of torture and the provision of effective remedies for victims (D1).

Georgia

Initial action was taken by Georgia to implement the recommendations concerning the reform of its administrative system (B1/ B2) and the jury trial system (B2).

Second round assessment

Armenia

The Committee regretted the failure of Armenia to provide additional information regarding the events of 1 March 2008 (C2) and the establishment of an independent system for receiving and processing complaints on torture and ill-treatment in all places of deprivation of liberty (C2). However, amendments to the Judicial Code have entered into force and measures were taken to strengthen the independence of the judiciary (B1).

Paraguay

The Committee welcomed the budgetary resources approved by Paraguay to start the identification process of bodies found in the context of investigations into enforced disappearances (B1). No progress was made on the remaining follow-up recommendations (C1 / C2).

Finland

Finland received the highest grade (A) for the implementation of the recommendation on the right to guarantee a lawyer for suspects and for the measures taken to facilitate education for all Sami children in their own language. The Committee noted that the State party did not provide information on the number of irregular migrants and asylum seekers detained in Metsälä (C2).

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