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Report of the Human Rights Committee A/57/40 (Vol. II) United Nations Report of the Human Rights Committee Volume II General Assembly Official Records Fifty-seventh Session Supplement No. 40 (A/57/40) A/57/40 (Vol. II) General Assembly Official Records Fifty-seventh Session Supplement No. 40 (A/57/40) Report of the Human Rights Committee Volume II United Nations New York, 2002 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. ISSN 0255-2353 - 3 - CONTENTS Paragraphs Page Executive summary Chapter I. JURISDICTION AND ACTIVITIES A. States parties to the International Covenant on Civil and Political Rights B. Sessions of the Committee C. Attendance of sessions D. Election of officers E. Special rapporteurs F. Working groups G. Question of honoraria of Committee members H. Related United Nations human rights activities I. Meeting with States parties J. Derogations pursuant to article 4 of the Covenant K. General Comment under article 40, paragraph 4, of the Covenant L. Staff resources M. Publicity for the work of the Committee N. Documents and publications relating to the work of the Committee O. Future meetings of the Committee P. Adoption of the report GE.02-44849 (E) 051102 281102 - 4 - CONTENTS (continued) Chapter Paragraphs Page II. METHODS OF WORK OF THE COMMITTEE UNDER ARTICLE 40 OF THE COVENANT: NEW DEVELOPMENTS A. Recent developments and decisions on procedures B. Concluding observations C. Links to other human rights treaties and treaty bodies D. Cooperation with other United Nations bodies III. SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT A. Reports submitted to the Secretary-General from August 2001 to July 2002 B. Overdue reports and non-compliance by States parties with their obligations under article 40 IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT 1. Ukraine 2. United Kingdom of Great Britain and Northern Ireland and Overseas Territories 3. Switzerland 4. Azerbaijan 5. Georgia 6. Sweden 7. Hungary 8. New Zealand - 5 - CONTENTS (continued) Chapter Paragraphs Page IV. (cont’d) 9. Viet Nam 10. Yemen 11. Moldova V. CONSIDERATION OF COMMUNICATIONS UNDER THE OPTIONAL PROTOCOL A. Progress of work B. Growth of the Committee’s caseload under the Optional Protocol C. Approaches to considering communications under the Optional Protocol D. Individual opinions E. Issues considered by the Committee F. Remedies called for under the Committee’s Views VI. FOLLOW-UP ACTIVITIES UNDER THE OPTIONAL PROTOCOL Annexes I. STATES PARTIES TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND TO THE OPTIONAL PROTOCOLS AND STATES WHICH HAVE MADE THE DECLARATION UNDER ARTICLE 41 OF THE COVENANT AS AT 26 JULY 2002 A. States parties to the International Covenant on Civil and Political Rights B. States parties to the Optional Protocol - 6 - CONTENTS (continued) Annexes Page I. (cont’d) C. States parties to the Second Optional Protocol, aiming at the abolition of the death penalty D. States which have made the declaration under article 41 of the Covenant II. MEMBERSHIP AND OFFICES OF THE HUMAN RIGHTS COMMITTEE, 2001-2002 A. Membership of the Human Rights Committee B. Officers III. A. FOLLOW-UP TO CONCLUDING OBSERVATIONS: DECISIONS ADOPTED BY THE HUMAN RIGHTS COMMITTEE ON 21 MARCH 2002 B. DECISIONS ON WORKING METHODS ADOPTED BY THE HUMAN RIGHTS COMMITTEE ON 5 APRIL 2002 IV. SUBMISSION OF REPORTS AND ADDITIONAL INFORMATION BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT V. STATUS OF REPORTS CONSIDERED DURING THE PERIOD UNDER REVIEW AND OF REPORTS STILL PENDING BEFORE THE COMMITTEE VI. GENERAL COMMENT UNDER ARTICLE 40, PARAGRAPH 4, OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS GENERAL COMMENT NO. 30 [75] ON REPORTING OBLIGATIONS OF STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT VII. LIST OF STATES PARTIES’ DELEGATIONS THAT PARTICIPATED IN THE CONSIDERATION OF THEIR RESPECTIVE REPORTS BY THE HUMAN RIGHTS COMMITTEE AT ITS SEVENTY-THIRD, SEVENTY-FOURTH AND SEVENTY-FIFTH SESSIONS VIII. LIST OF DOCUMENTS ISSUED DURING THE REPORTING PERIOD - 7 - CONTENTS (continued) Annexes Page IX. VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ........................................................................................ 12 A. Communication No. 580/1994, Ashby v. Trinidad and Tobago (Views adopted on 21 March 2002, seventy-fourth session) ..................... 12 B. Communication No. 641/1995, Gedumbe v. Democratic Republic of the Congo (Views adopted on 9 July 2002, seventy-fifth session) ........... 24 C. Communication No. 667/1995, Ricketts v. Jamaica (Views adopted on 4 April 2002, seventy-fourth session) .......................... 29 Appendix D. Communication No. 677/1996, Teesdale v. Trinidad and Tobago (Views adopted on 1 April 2002, seventy-fourth session) ......................... 36 Appendix E. Communication No. 678/1996, Gutierrez Vicanco v. Peru (Views adopted on 26 March 2002, seventy-fourth session) ..................... 46 Appendix F. Communication No. 683/1996, Wanza v. Trinidad and Tobago (Views adopted on 26 March 2002, seventy-fourth session) ..................... 55 G. Communication No. 684/1996, Sahadath v. Trinidad and Tobago (Views adopted on 2 April 2002, seventy-fourth session) .......................... 61 H. Communication No. 695/1996, Simpson v. Jamaica (Views adopted on 31 October 2001, seventy-third session) ..................... 67 I. Communication No. 721/1997, Boodoo v. Trinidad and Tobago (Views adopted on 2 August 2002, seventy-fourth session) ...................... 76 J. Communication No. 728/1996, Sahadeo v. Guyana (Views adopted on 1 November 2001, seventy-third session) ................... 81 Appendix - 8 - CONTENTS (continued) Page Annexes IX. (cont’d) K. Communication No. 747/1997, Des Fours v. The Czech Republic (Views adopted on 30 October 2001, seventy-third session) ..................... 88 L. Communication No. 763/1997, Lantsova v. Russia (Views adopted on 26 March 2002, seventy-fourth session) ..................... 96 M. Communication No. 765/1997, Fábryová v. The Czech Republic (Views adopted on 30 October 2001, seventy-third session) ..................... 103 Appendix N. Communication No. 774/1997, Brok v. The Czech Republic (Views adopted on 31 October 2001, seventy-third session) ..................... 110 O. Communication No. 779/1997, Äärelä and Näkkäläjärvi v. Finland (Views adopted on 24 October 2001, seventy-third session) ..................... 117 Appendix P. Communication No. 788/1997, Cagas v. The Philippines (Views adopted on 23 October 2001, seventy-third session) ..................... 131 Appendix Q. Communication No. 792/1998, Higginson v. Jamaica (Views adopted on 28 March 2002, seventy-fourth session) ..................... 140 R. Communication No. 794/1998, Jalloh v. The Netherlands (Views adopted on 23 March 2002, seventy-fourth session) ..................... 144 S. Communication No. 802/1998, Rogerson v. Australia (Views adopted on 3 April 2002, seventy-fourth session) ......................... 150 T. Communication No. 845/1998, Kennedy v. Trinidad and Tobago (Views adopted on 26 March 2002, seventy-fourth session) ..................... 161 Appendix - 9 - CONTENTS (continued) Page Annexes IX. (cont’d) U. Communication No. 848/1999, Rodríguez Orejuela v. Colombia (Views adopted on 23 July 2002, seventy-fifth session) ............................ 172 V. Communication No. 854/1999, Wackenheim v. France (Views adopted on 15 July 2002, seventy-fifth session)............................. 179 W. Communication No. 859/1999, Jiménez Vaca v. Colombia (Views adopted on 25 March 2002, seventy-fourth session) ...................... 187 X. Communication No. 865/1999, Marín Gómez v. Spain (Views adopted on 22 October 2001, seventy-third session) ...................... 198 Appendix Y. Communication No. 899/1999, Francis et al. v. Trinidad and Tobago (Views adopted on 25 July 2002, seventy-fifth session)............................. 206 Appendix Z. Communication No. 902/1999, Joslin v. New Zealand (Views adopted on 17 July 2002, seventy-fifth session) ............................ 214 Appendix AA. Communication No. 906/2000, Chira Vargas v. Peru (Views adopted on 22 July 2002, seventy-fifth session) ............................ 228 BB. Communication No. 916/2000, Jayawardena v. Sri Lanka (Views adopted on 22 July 2002, seventy-fifth session) ............................ 234 Appendix CC. Communication No. 919/2000, Müller and Engelhard v. Namibia (Views adopted on 26 March 2002, seventy-fourth session) ..................... 243 - 10 - CONTENTS (continued) Page Annexes IX. (cont’d) DD. Communication No. 921/2000, Dergachev v. Belarus (Views adopted on 2 April 2002, seventy-fourth session) ......................... 252 EE. Communication No. 923/2000, Mátyus v. Slovakia (Views adopted on 22 July 2002, seventy-fifth session) ............................ 257 FF. Communication No. 928/2000, Boodlal Sooklal v. Trinidad and Tobago (Views adopted on 25 October 2001, seventy-third session) ..................... 264 GG. Communication No. 932/2000, Gillot v. France (Views adopted on 15 July 2002, seventy-fifth session) ............................ 270 HH. Communication No. 946/2000, Patera v. The Czech Republic (Views adopted on 25 July 2002, seventy-fifth session) ............................ 294 Appendix II. Communication No. 965/2000,
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