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General Assembly Distr UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/10/3/Add.1 24 February 2009 ENGLISH/FRENCH/SPANISH ONLY HUMAN RIGHTS COUNCIL Tenth session Agenda item 3 PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin Addendum COMMUNICATIONS WITH GOVERNMENTS* * The present report is being circulated as received, in the languages of submission only, as it greatly exceeds the word limitation currently used by the relevant General Assembly resolution. GE.09-11434 (E) 020309 050309 A/HRC/10/3/Add.1 page 2 CONTENTS Paragraphs Page Introduction .................................................................................................... 1 - 5 3 Communications transmitted, replies received and press statements ............ 6 - 376 4 Afghanistan .......................................................................................... 6 - 12 4 Algeria .................................................................................................. 13 - 14 5 Chile ..................................................................................................... 15 - 27 5 China .................................................................................................... 28 - 41 10 Egypt .................................................................................................... 42 - 56 13 El Salvador ........................................................................................... 57 - 75 16 France ................................................................................................... 76 - 86 19 Indonesia .............................................................................................. 87 - 96 28 Iran ....................................................................................................... 97 - 106 31 Israel ..................................................................................................... 107 - 111 34 Italy ....................................................................................................... 112 - 128 35 Kenya ................................................................................................... 129 - 135 40 Morocco ............................................................................................... 136 - 139 42 New Zealand ........................................................................................ 140 - 153 44 Pakistan ................................................................................................ 154 - 174 48 Peru ....................................................................................................... 175 - 179 52 Russian Federation ............................................................................... 180 - 220 54 Spain ..................................................................................................... 221 - 231 62 Sri Lanka .............................................................................................. 232 - 248 68 Sudan .................................................................................................... 249 - 269 72 Sweden ................................................................................................. 270 - 273 77 Thailand ................................................................................................ 274 - 303 78 Turkey .................................................................................................. 304 - 311 85 United Kingdom of Great Britain and Northern Ireland ...................... 312 - 348 87 United States of America ..................................................................... 349 - 369 96 Uzbekistan ............................................................................................ 370 - 376 101 A/HRC/10/3/Add.1 page 3 Introduction 1. The present report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism contains summaries of communications transmitted to Governments between 15 September 2007 and 31 December 2008, as well as replies received up to 31 January 2009. In addition, the report covers press releases issued in 2008. 2. During the period under review the Special Rapporteur corresponded with Governments, either separately or jointly with other Special Procedures mandate-holders, in 30 communications and he issued 3 press releases, all relating to a total of 26 countries or territories. In specific cases, the Special Rapporteur decided to address the concerns related to his mandate in a separate letter, instead of joining communications by other special procedures. 3. The Special Rapporteur received replies from 13 of the 26 Governments he corresponded with during the period under review, including some replies to communications the Special Rapporteur sent that were reflected in the previous report (A/HRC/6/17/Add.1). Most of the Governments offered detailed substantive information on the allegations received. The Special Rapporteur underlines that it is crucial that Governments share their information and views with him on the allegations received. The Special Rapporteur encourages cooperation from those Governments which have not yet provided replies to his communications. Replies received after 31 January 2009 and replies received during the reporting period but not yet translated will be reflected in the next communication report to the Human Rights Council. 4. The Special Rapporteur acted upon information received from reliable sources concerning individual cases of alleged breaches of human rights and fundamental freedoms in the context of countering terrorism. In addition, he also took action with respect to legislative developments and proposals undertaken by a number of Member States. The Special Rapporteur recognizes that problems concerning human rights and fundamental freedoms in the context of countering terrorism are not only confined to the countries and territories mentioned. 5. In accordance with paragraph 2(b) of Human Rights Council Resolution 6/28, the Special Rapporteur entered into a dialogue with several Member States on the preparation of legislation designed to combat terrorism. The Special Rapporteur, to the greatest possible extent, engaged with respective Governments during the drafting stage of the legislation. In the form of communications, press releases and consultations, the Special Rapporteur conveyed his main concerns to the Governments, some of which took the opportunity to reply, outlining their views and responding to specific questions posed by the Special Rapporteur. He regards this exchange as a positive and constructive dialogue resulting in a joint effort to draft and implement legislative frameworks that are equipped to successfully combat terrorism while at the same time aim at the effective promotion and protection of human rights and fundamental freedoms. With a view to his mandate, including the reference to advisory services or technical assistance found in paragraph 2(a) of Resolution 6/28, the Special Rapporteur encourages more Member States to enter into dialogue, ideally during the preparatory stage of the adoption of new counter-terrorism legislation or legislation on terrorism-related offences. A/HRC/10/3/Add.1 page 4 COMMUNICATIONS TRANSMITTED, REPLIES RECEIVED AND STATEMENTS MADE TO THE PRESS Afghanistan A. Communication sent to the Government 6. On 1 July 2008, the Special Rapporteur, jointly with the Special Rapporteur on the independence of judges and lawyers, sent a communication regarding allegations they had received relating to trials taking place in Afghanistan of detainees previously held in custody in the U.S. administered Bagram Theatre Internment Facility (BTIF), as well as detainees repatriated from Guantánamo Bay Naval Base facilities to Afghanistan. 7. According to the information received, some of the individuals formerly detained by the United States Government at Guantánamo Bay and Bagram have been, and continue to be, transferred to the Afghan National Detention Facility (ANDF) where they await prosecution. 8. This system of detention and transfer of detainees would seem to allow for prolonged detention in BTIF custody, and the prosecution and conviction of detainees without due consideration to legal requirements. Based on the information received, in the Special Rapporteurs’ opinion, the system of detention and transfer of detainees fails to comply with fair trial international standards including the right to court review over any form of detention, the presumption of innocence, the right to defence and access to legal counsel, and the right to be tried without undue delay as laid down in Articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR), which provides, inter alia, that “anyone who is arrested shall be informed, at the time of the arrest, of the reasons for his arrest and should be promptly informed of any charges against him” and that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”. According to the information received, many detainees, prior transfer to the ANDF were under United States custody without charge for several years. In addition, to date, trials of ANDF detainees lack many basic due process of law guarantees,
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