Strasbourg, 9 November 2011 CommDH(2011)35 Original version 3RD QUARTERLY ACTIVITY REPORT 2011 by Thomas Hammarberg Commissioner for Human Rights 1 July to 30 September 2011 Presented to the Committee of Ministers and the Parliamentary Assembly CommDH(2011)35 CONTENTS 1. Overview........................................................................................................3 2. Missions and Visits ........................................................................................4 3. Reports and continuous dialogue ..................................................................5 4. Themes........................................................................................................13 5. Other Meetings ............................................................................................18 6. Human rights defenders ..............................................................................18 7. European Court of Human Rights................................................................19 8. Communication and Information work .........................................................20 9. Next three months........................................................................................23 10. Observations and reflections .......................................................................24 2 CommDH(2011)35 1. Overview Freedom of expression, including media freedom, was a major priority during the third quarter. The lecture series continued, this time through a discussion on possible means of securing plurality in the media landscape. All six lectures have been further developed and edited and will be presented in a publication in December. One by one they will also be published on our web site. A report on media issues in Turkey was made public together with a comment from the Turkish government and a constructive dialogue has been pursued during which representatives of the authorities have signalled their sincere appreciation for our contribution. Issues relating to the freedom and security of journalists were also raised in observations the Office made available on Azerbaijan – again with comments from the government – in September, one year after the previous report. The situation of Roma was another priority. I visited Slovakia and discussed human rights with Roma themselves as well as with local and central authorities. A report is forthcoming. A report on a previous visit to Italy, during which Roma rights was one of the concerns, was made public (with official comments from the government). In a Human Rights Comment I raised the issue of anti-Gypsyism and recommended corrective action, also in the media, in order to put an end to hate speech against this minority. I took part in a conference organised in Strasbourg by the Congress of Local and Regional Authorities with mayors from member states for a discussion on local activities to overcome discrimination and marginalisation of Roma. Contacts with human rights defenders in Belarus were intensified. We have been deeply concerned about the arrest of the chairperson of the non-governmental organisation “Viasna” accused of tax evasion after Polish and Lithuanian authorities gave information to the Belarus security agency on bank accounts used by this human rights group for humanitarian aid to victims of human rights violations (the authorities in Warsaw and Vilnius have done their utmost to correct this mistake, but at the time of writing the trial against the leadership of the organisation is being prepared). I have met human rights activists from Belarus several times during this period and this has have given me further basis for arguing for the release of prisoners and the protection of the freedoms of expression, assembly and association. In connection with the tenth anniversary of the 9/11 terrorist attacks in New York and Washington I published a Human Rights Comment on the issue of so-called renditions and one on secret places of detention (“Black Sites”) and argued for more serious investigations into European participation in these aspects of the “war on terror”. I had a constructive meeting at the office of the general prosecutor in Warsaw in this context. The report on Serbia focused largely on post-war issues which had been raised earlier in reports on other states in the Balkans. The response from the authorities in Belgrade has been constructive. The excessive use of pre-trial detention is another problem which has come up in dialogues with governments, including during a brief visit to Ukraine at the end of 3 CommDH(2011)35 September. A Human Rights Comment on this issue was published during the reference period, arguing for an improved emphasis on the principle of presumption of innocence and therefore a much more restrictive (and humane) use of the possibility to detain suspects during the preparation of trials or before final judicial decisions. 2. Missions and Visits Mission to Ukraine The Commissioner went to Ukraine from 18 to 21 September, where he took part in a conference on the prevention of human rights violations organised by the Ministry of Justice of Ukraine in co-operation with the Council of Europe. In his speech, the Commissioner stressed the importance of implementing human rights standards in practice, and referred to the useful role that can be played by various tools such as national action plans, data collection and analysis in the prevention of human rights violations. In the course of this mission the Commissioner met the Minister of Justice, Mr Olexandr Lavrynovych, the Deputy Minister for Foreign Affairs, Mr Pavlo Klimkin, the Chairman of the Ukrainian delegation to the Parliamentary Assembly of the Council of Europe (PACE), Mr Ivan Popescu, the Ombudsman, Ms Nina Karpachova, and the Commissioner for Children’s Rights, Mr Yuriy Pavlenko, as well as several parliamentarians and representatives of Ukrainian civil society. He also had a meeting with a group of representatives of civil society from Belarus to discuss the situation of human rights defenders in that country. In the light of his forthcoming visit to Ukraine in November, the Commissioner discussed with his interlocutors issues related to the administration of justice, including cases against former governmental officials, freedom of expression and freedom of assembly, and anti-discrimination. Visit to Slovakia The Commissioner’s visit to Slovakia on 26-27 September focused on the human rights of Roma, persons with disabilities and national minorities. During the visit, the Commissioner met with the Minister of Foreign Affairs, Mr Mikuláš Dzurinda, the Deputy Prime Minister for Human Rights and National Minorities, Mr Rudolf Chmel, the State Secretary of the Ministry of Labour, Social Affairs and Family, Ms Lucia Nicholsonová, the Office of the Plenipotentiary of the Slovak Government for Roma Communities, and members of the Slovak delegation to PACE. He also met with the Public Defender of Rights, Mr Pavel Kandráč, the Slovak National Centre for Human Rights, and a number of non-governmental organisations. In addition, the Commissioner travelled to Plavecký Štvrtok, where he visited the local Roma settlement and nearby school and met with the Mayor. As regards the protection of the human rights of Roma, particular attention was paid to the need to combat anti-Gypsyism in public and political discourse and to address segregation in housing and education. Further subject areas addressed included hate 4 CommDH(2011)35 crimes and police misconduct targeting Roma, sterilisation of Roma women, and the placement of Roma children in state care institutions. With reference to the protection of the human rights of persons with disabilities, the Commissioner focused in particular on: the right to live independently and be included in the community, including progress towards de-institutionalisation; the right to education in an inclusive environment; and issues related to legal capacity, including the establishment of a system for supported decision-making for people with intellectual disabilities. As regards national minorities, the Commissioner discussed issues relating to the protection and promotion of national minority languages and the balance between the promotion of the state language and the linguistic rights of national minorities. A report on the visit is forthcoming. Visit to Poland The Commissioner went to Warsaw from 28 to 30 September, where he delivered a keynote speech on human rights for older persons at the 5th Warsaw Seminar on Human Rights, organised by the Polish Ministry of Foreign Affairs (see below section on Themes). During this visit, the Commissioner met with national authorities and civil society representatives. A bilateral meeting was held with the Minister of Foreign Affairs, Mr Radosław Sikorski, followed by a joint meeting of the Minister and the Commissioner with members of Belarusian civil society including family members of human rights defenders who are currently imprisoned. The Commissioner also met with national human rights institutions, namely the Ombudsman and the Ombudsman for Children. Upon invitation of Ms Elzbieta Radziszweska, Government Plenipotentiary for Equal Treatment and Chair of the Polish Council for Combating Racial Discrimination, Xenophobia and the Intolerance related thereto, the Commissioner attended the second session of this intergovernmental council. Lastly, the mission included a meeting of the Commissioner with members of the Office of the Public Prosecutor and a visit