BOLIVIAN JUSTICE MINISTER TELLS HUMAN RIGHTS COMMISSION OF REFORM IN COUNTRY'S JUDICIAL SYSTEM
Press Release
HR/CN/782
BOLIVIAN JUSTICE MINISTER TELLS HUMAN RIGHTS COMMISSION OF REFORM IN COUNTRY'S JUDICIAL SYSTEM
19970401 Debate Continues on Rights of Detainees, Torture(Reproduced as received; delayed in transmission.)
GENEVA, 27 March (UN Information Service) -- The Minister of Justice of Bolivia told the Commission on Human Rights this morning his country had made significant progress towards full enjoyment of human rights and that much legislation to reform the judicial system had been passed, leading to clear results for citizens.
The Minister, Rene Blattmann, said a law against delays in administration of justice was an especially important measure -- its implementation had led to the release of 30 per cent of the prison population. Before enactment of the law, Bolivia ranked first in Latin America, with 91 per cent of those held in jail not having been convicted; this had been reduced to 59 per cent, a ranking of second lowest.
A major challenge for the country, as elsewhere in the region, was in overcoming the dichotomy between the formal Constitution and the "real" Constitution -- that is, its practical application, Mr. Blattmann said, adding that the Government had taken a number of steps to make human rights practically applicable to citizens, including the establishment of a under-secretariat of human rights within the new Ministry of Justice.
The Commission also heard from Abid Hussain, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who said that restrictions on free expression were often applied by countries for misleading or insufficient reasons, and that they often used or abused terrorist and national security legislation for that purpose. A record 185 journalists were in prison in 24 countries at the end of 1996, he said, and 27 had been killed during the year.
And a representative of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture said that last year 96 projects
submitted by 92 humanitarian organizations in 54 countries had received $2,435,500. Some 138 projects, 40 per cent more than last year, requesting $5 million had been proposed so far this year.
The Commission then continued to hear statements on issues related to torture and other cruel, inhuman or degrading treatment or punishment, and enforced or involuntary disappearances.
Taking the floor this morning were the representatives of Egypt, Argentina, Chile, Ecuador, China, and Angola, as well as representatives of the observer countries of Sudan, Slovakia and Venezuela. The Commission also heard representatives of the following non-governmental organizations (NGOs): International Federation of Journalists, International Association of Educators for World Peace, International Pen, United Towns Agency for North-South Cooperation, International League for the Right and Liberation of Peoples. Viet Nam and Yemen exercised their right of reply.
The Commission will resume its general debate this afternoon at 3 p.m.
Statement by Justice Minister of Bolivia
RENE BLATTMANN, Minister of Justice of Bolivia, said the country had made significant progress towards full enjoyment of human rights; based on decisive political will, much legislation had been passed leading to clear results for citizens; there had been great emphasis on establishing rule of law, and there had been Constitutional reforms, including reforms related to the judicial system. Other measures had focused on education and economic rights.
A new Ministry of Justice had been established to fight corruption and impunity and oversee respect, promotion, and awareness of human rights, he continued. There was a under-secretariat of human rights under the Ministry; it administered a national programme and was carrying out a pilot programme of human-rights offices.
A major challenge was in overcoming the dichotomy of the formal Constitution and the "real" Constitution -- that is, its practical application, he said. There had been interruptions to the democratic process in the past, as elsewhere in the region. In legal regimes, there must be norms that made full, effective exercise of human rights possible.
Delays in the judicial system in the past had created a loss of confidence of citizens in the system, he said; there was not speedy and opportune justice; intention often was indefinite. In 1994, a process of reform had been started to resolve this difficulty, and to provide equal protection and access to the law. Much criminal law then was combatting
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poverty rather than crime; this approach had been changed; Congress had passed a law abolishing imprisonment and corporal punishment for debt; many prisoners were released -- some 11 per cent of the prison population who had finished their sentences but remained in prison because they could not pay their debts.
A law to pardon minors and elderly in prison also had been passed, he added, and those who had not committed serious crimes had been released; many had never come to trial -- as elsewhere in Latin America, pre-trial detention had lasted so long that often it had become a form of conviction. A law against domestic violence had been passed in keeping with international standards on women's rights. Another law had reformed the electoral process requiring that a minimum of 30 per cent of candidates must be women; other measures protected the interests of mothers and children.
Mr. BLATTMANN said a law against delays in administration of justice had been passed -- an especially important measure to enable the poor to have the same legal rights as others; it allowed for real presumption of innocence and substantially modified anti-drug laws; its implementation had led to release of 30 per cent of the prison population. Before this law was enacted, Bolivia ranked first, regrettably, in Latin America, with 91 per cent of those held in jail not having been convicted; this had been reduced to 59 per cent, a ranking of second lowest.
Bolivia was fighting against production and trafficking of drugs, especially cocaine, and had established a special office to do so, and had reformed laws to prevent abuses in trials and in enforcement of anti-drug provisions, Mr. BLATTMANN. Human-rights offices were being opened in rural areas of Bolivia where indigenous populations lived in conditions of servitude. Other programmes provided help to the aged; privatized and capitalized companies; and strengthened pensions.
Rights of Detainees
As the Commission continued to review the situation of detainees around the world this morning, it received the report of the Special Rapporteur on the exercise of the freedom of opinion and expression, Abid Hussain (document E/CN.4/1997/31); and the report of the Secretary-General on the United Nations Voluntary Fund for Victims of Torture (document E/CN.4/1997/27 and Add.1).
Mr. Hussain writes that the large number of cases brought to his attention during the past four years strongly indicates that Governments continue to place undue emphasis on permissible restrictions relating to the right to freedom of opinion and expression. From 20 to 25 September 1996, the Special Rapporteur undertook a visit to Turkey, on which he has submitted a separate report to the Commission at its current session (E/CN.4/1997/31/Add.1). The report provides information on communications
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sent by the Special Rapporteur in respect of cases concerning Albania, Algeria, Brazil, China, Cuba, Indonesia, Myanmar, Sri Lanka, Tunisia and Turkey.
The report on the Voluntary Fund for Victims of Torture lists sources of financing for the Fund, including contributions from governments, non-governmental organizations and private individuals. It also provides an assessment of the needs of the Fund, between $5 million and $6 million annually, which means that the current level of contributions needed to be doubled. An addendum to the report indicates contributions received and grants paid since 5 December 1996.
Introducing his report, Special Rapporteur ABID HUSSAIN said there had been some positive developments over the past year, including greater cooperation from Governments and a rising trend in favour of defending free-expression rights.
There also had been a less-positive side, he continued. For example, the annual report of the Committee to Protect Journalists noted that a record 185 journalists were in prison in 24 countries at the end of 1996, and 27 had been killed during the year; unfortunately, as he emphasized in his report, the large number of cases received during the year clearly indicated that Governments continued to place an exaggerated and undue emphasis on permissible restrictions on the right to freedom of expression; it was of utmost importance to strike the right balance between the need for measures to address actual threats to national security and the need to keep restrictions on fundamental human rights to a minimum. Restrictions on free expression were often applied by countries for misleading or insufficient reasons; the use or abuse of terrorist and national security legislation was a prime example. There also were problems in using religious beliefs as a pretext for censorship, and he wished to reiterate that as a general rule, States should not let considerations of beliefs come in the way of meeting obligations to allow freedom of opinion and expression; in addition, women were too often restricted in exercising these rights by force of custom, tradition, or religion.
He needed greater resources to carry out fully the functions contained in his mandate, Mr. HUSSAIN said, although the support of various non-governmental organizations had been a significant silver lining.
Speaking on behalf of the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture, IVAN TOSEVSKI said the Fund had been established under General Assembly resolution 26/151 of December 1982 to receive contributions for distribution, through established channels of assistance, as medical, psychological, social, economic and legal aid to victims. In 1996, the High Commissioner for Human Rights approved
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recommendations of the Board of Trustees on grants to 96 projects submitted by 92 humanitarian organizations in 54 countries for a total amount of $2,435,500. However, the total number of requests received by the secretariat of the Fund was more than $5 million. In 1997, the secretariat had received 138 projects, an increase of almost 40 per cent as compared to 1996. A total amount of $6,285,166 was requested for this year, an increase of $1.3 million; however, the real needs of the projects submitted to the Fund were $25 million.
Statements in Debate
REDA BEBARS (Egypt) said the administration of justice was a main issue in the field of human rights because it reflected on how people actually enjoyed civil and political rights. There had been many complaints from NGOs and many responses from governments on this issue. Unfortunately, such complaints took an increasing amount of resources from the Secretariat and the Commission. Egypt had made proposals on how the human rights programme could better perform: it had suggested that the work of Special Rapporteurs and that of the six committees monitoring human-rights treaties did not overlap, and pointed to the increasing need for the Commission to support education and training in the field of the administration of justice. For its part, Egypt had already taken steps in the field of education and training. To establish human rights, there should be balance between spreading the principles of human rights; support for monitoring measures, education and training; and encouragement of the role of non-governmental organizations as a main component of civil society, along with governments.
ZELMIRA REGAZZOLI (Argentina) said the widespread practices of arbitrary detention, enforced disappearances and torture were so serious that they deserved that the international community concentrated on their eradication. It was also essential to avoid rhetoric. Argentina was party to the Convention against Torture and other instruments -- it was committed to human rights. Of more than 9,000 cases of persons who had disappeared before the re-establishment of democracy, more than 6,000 had been settled and reparations had been paid. Argentina also cooperated with NGOs, which played an important role in implementing human rights. Argentina would continue to contribute to the full respect of human rights and hoped the abhorrent practise of torture would finally be eradicated.
ALEJANDRO SALINAS (Chile) said it was important for States to adopt policies designed to ensure that the legitimate rights of victims of torture to reparation and rehabilitation were safeguarded. Reparation could not, in itself, give back what the victim had before his or her rights were violated. However, it was a moral effort and one which needed to be made to mitigate the effects of these violations. Reparation was not a substitute for criminal action, but an act of solidarity. Efforts in this direction would not be
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successful without the support of the international community. In this connection, Chile supported the work of Special Rapporteurs, particularly that of Nigel Rodley, Special Rapporteur on torture. Chile also hoped the working group on the optional protocol to the Convention against Torture to establish a system of visit to places of detention would continue; and commended the work of the Working Groups on Arbitrary Detention and Enforced Disappearances. There were 500 cases of enforced disappearances still pending in Chile; the Government had gone to considerable lengths to resolve these cases, which had occurred under a military dictatorship.
FEDERICO MENESES (Ecuador) said his country attached great importance to the preparation of the draft optional protocol to the Convention against Torture. Ecuador wished the international community would find a formula that would allow the establishment of a system of visits to places of detention in countries that ratified the protocol. Such visits, carried out by a sub-committee, would not be able to be suspended except in grave situations, such as the declaration of a state of emergency. The prevention of torture required the implementation of transparent mechanisms based on the will of States to prevent violations or, if necessary, provide reparation to victims.
DAI YUZHONG (China) said torture, an ugly phenomenon which still existed in many parts of the world, constituted a gross violation of human rights and fundamental freedoms. All countries were duty-bound to combat torture through more effective legislative, judicial and administrative measures. They also had the obligation to establish universal jurisdiction over the crime of torture and to extend cooperation in extradition and legal assistance. However, a few of the working groups and rapporteurs had deviated from their mandates and based their reports on vicious slanders and accusations and biased arguments. These few had launched wilful attacks on the developing countries in disregard of the judicial sovereignty of States. They confused the demarcation between torture and legal punishment of criminals. The draft optional protocol to the Convention against Torture should clearly manifest the purposes and principles enshrined in the United Nations Charter, especially the principle of respect for sovereignty and non-interference in the internal affairs of States. China also believed that prior consent from the States concerned had to be obtained before any visit was carried out.
ADRIANO PARREIRA (Angola) said the four cases of alleged enforced or involuntary disappearances in Angola mentioned in the current report of the relevant Working Group dated from 1977, and not a single complaint had been legally initiated in relation to them. No solicitation for a criminal inquiry had ever been made, and so there never had been any attempted use of internal legal resources of the country to resolve them -- domestic remedies had not been exhausted. Instead of conforming to its mandate, the Working Group had ignored it in reference to these cases. Further, in asking the Special Representative of the Secretary-General in Angola to be of assistance on these
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"cases", the Group had made a grave attempt on the sovereignty of a Member State of the United Nations; fortunately, the Special Representative had not answered that request. Angola had made many efforts to develop open cooperation and dialogue with all; no new cases had been submitted to the attention of the Working Group, although the Government would take swift and appropriate action to help should that occur. The Working Group should be encouraged to discontinue consideration of the cases dating from 1977.
NAUDY SUAREZ FIGUEROA (Venezuela) said the report of the Special Rapporteur on Torture on his visit to Venezuela should be looked at in a historical context. At the start of the 1980s, and after 15 years of economic growth, Venezuela began to suffer from economic stagnation and the foreign debt crisis. The Government had been forced to reduce social expenditure; the index of poverty rose to more than 50 percent, and there was an increase in "marginalization" and urban crime. There had even been two coup attempts. In 1994, a new President took over and the recovery process started. In 1996, when Mr. Rodley visited Venezuela, the Government had overcome the political crisis and was trying to combat the financial disaster. There were shortcomings which gave rise to human rights violations. Venezuela had admitted these shortcomings to the Special Rapporteur and said it was working on solutions, including a programme of prison reform, among other measures.
YASSIR SED AHMED EL HASSAN (Sudan) said he wished to clarify information contained in the report of the Working Group on Arbitrary Detention. Sudan had been cooperating with teams sent to investigate illegal detention. The Government had formed a committee to check alleged cases, but that had not been possible because of the size of the country, its weak communication infrastructure, the fighting in the south and incomplete information provided. Sudan's Government supported NGOs working in the field of child care. Homeless children were gathered in a camp in Abu Dom to allow the intentional community and NGOs to help them. As for claims of slavery made in the report, Sudan had formed a judicial committee which was carrying out an investigation. The Sudanese Government condemned the kidnapping of children by the Sudanese rebel movement and urged the United Nations to investigate such cases.
IGOR GREXA (Slovakia) said torture and other cruel, inhuman or degrading treatment occurred not only in countries experiencing conflicts. Even solid democracies were not free of such activities. The eradication of torture and similar practices required a systematic coordination of efforts at the national and global levels. One of the most promising international initiatives was the possible creation of an international criminal court. Torture, enforced disappearances and other inhuman acts would form the core of the serious crimes that would be judged by such a court. The preparatory committee of the court had already carried out a great deal of work, especially on an analytical level; indeed, the groundwork to allow the international court to begin its work next year was at an advanced stage.
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However, the creation of this court would not put an end to torture and similar practices. The tribunal would only judge cases involving planned or systematic acts carried out in a comprehensive manner against a population.
CAILIN C. E . MACKENZIE, of the International Federation of Journalists, said that for Governments to separate the process of political administration from the exercise of journalism, they and their agents must recognize the rights of journalists to report and comment on all aspects of society, which included expression of views opposed to those of the authorities; there were too many documented cases where Governments had used the excuse of "bad journalism" to harass the independent medial, irrelevant of any genuine professional questions. Authorities should not use censorship, either directly or through creation of circumstances leading to self-censorship. The Federation wished to call attention problems of censorship or violence against journalists in Albania, Algeria, Argentina, Ethiopia, Indonesia, Peru, Turkey, and Venezuela. It was up to members of the Commission to ensure that attacks on journalists' fundamental human rights stopped.
MESHACH KARANW, of the International Association of Educators for World Peace, said it was a matter of great worry that States parties to international human rights instruments were reported to be devising extrajudicial mechanisms to detain for indefinite periods perceived critics, human rights defenders and journalists. According to the reports of the Special Rapporteur and the Working Group on Arbitrary Detention, many States still engaged in the use of torture as a means of obtaining information or punishing opponents. The Special Rapporteur had listed the use of torture in Nigeria, the Republic of Korea, Nigeria and India. The Commission was urged to persuade Nigeria and India to ratify the Convention Against Torture and to invite the Special Rapporteur on torture to visit their countries. The Commission should also urge the Governments of Nigeria, Republic of Korea and India to bring perpetrators of torture in their security forces to trial. Concrete measures should also be adopted to prohibit the practice of incommunicado detention by States parties to international instruments.
FAWZIA ASSAAD, of International Pen Writers in Prison Committee, said there was a tendency for Governments facing civil unrest to clamp down on freedom of expression as a first course of action. Harsh suppression of free speech at such critical moments in a country's history could serve to exacerbate difficult situations rather than to solve problems. The group had noted suppression of free speech in Albania; new measures in Belarus to hinder reporting; as well as other violations in Indonesia, Burma, Cameroon, Zambia and Zimbabwe. International Pen Writers in Prison Committee was grateful to the Special Rapporteur on freedom of expression for his work and it recommended that all forms of censorship, not just those which were a threat to the physical safety of individuals, continue to be included in the Rapporteur's concerns.
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FRANCOIS COFFINIER, of United Towns Agency for North-South Cooperation, said torture often resulted from exploitation of minorities by majorities, or from acts of totalitarian regimes; another problem was "imprisonment" of populations in social and economic silence, in shantytowns found in many of the world's great cities; there were the Gypsies in France, the Puerto Ricans in New York, and other groups elsewhere; there was psychological imprisonment of drug addicts, who were not treated humanely, but considered the dregs of humanity -- a way of helping them that was not torture was to treat them with respect and try to help them, rather than marginalizing them, and marginalizing so many other groups in society. There was torture and ill-treatment of prisoners in Cuba, and also psychological torture of them, through isolation; the Commission should look into problems of torture more thoroughly, and put greater effort into eradicating torture, or there would be new torturers tomorrow, and their methods would be that much more effective.
VERENA GRAF, of the International League for the Rights and Liberation of Peoples, said 18 members of a Basque party, including various parliamentarians, had been subjected to arbitrary detention and subsequent imprisonment in Spain. These acts against elected officials could only be considered harmful to fundamental rights, particularly the right of freedom of expression. It was especially serious because this situation was taking place in the Western and democratic State of Spain. How could Spain silence those who had been democratically elected? Gross human-rights violations were also taking place with increasing ferocity in Sri Lanka. There were numerous cases of arbitrary arrests reported in the Tamil homeland, most of them unacknowledged by the Government. Detainees were tortured -- they suffered broken bones and other serious injuries. Sri Lanka had said it would prosecute offenders, but there was no sign that effective measures had been taken. On the contrary, press restrictions had been imposed to conceal arbitrary detentions. It was impossible to make progress on human rights until the civil war was brought to and end; that might not be possible without international mediation.
Right of Reply
Responding to statements made yesterday, BUI QUANG MINH (Viet Nam) said a handful of overseas Vietnamese, hiding under the cover of Pax Romana and the Viet Nam Committee on Human Rights had come to the Commission to spread lies and inventions. These Vietnamese had not forgotten their bitterness, even though the war had ended 22 years ago. Their allegations were so brazen and unconvincing, Viet Nam hesitated to reply. However, in the interest of truth, it should be pointed out that Vietnam was a nation with a tradition of humanitarianism and leniency. The policy of the Vietnamese State concerning prisoners was to help them acknowledge their wrongdoing so they could better rejoin society. Prisoners were guaranteed their rights to life, to be free from any form of torture or mistreatment, to education and to medical care.
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The overseas Vietnamese had invented the story that Vietnam used prisoners to clear mines. It was high time for those few hostile overseas Vietnamese to learn to reconcile themselves with reality and join ranks with their countrymen in building and developing their land.
ABDUL RAHMAN AL-MUSIBILI (Yemen) said there had been an attempt to misguide the Commission by the representative of the Organization Against War, which in fact sought to propagate war rather than stop it. There were some elements who had forgotten themselves when they had seen that Yemen had attained unity, and had started down the road to democracy and peace; those left behind were trying to combat such progress; they caused violence and violations of human rights. The violations referred to had been perpetrated by secessionist elements in 1994; meanwhile the country had moved on and had established security, stability and peace. There was a general amnesty for all those who had been deluded and misguided, and the United Nations Secretary-General had visited Yemen last year and had congratulated the country on its democracy and progress. The statement made against Yemen consisted of fabricated allegations and cheap political defamation.
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