Thank you for joining us today. Um, to the
UN Human Rights Committee press conference.
The committee today is going to present
its findings on six countries including Ecuador,
Iceland, Pakistan and Turkey.
Being with us today on the podium, we have M
chairperson of the committee.
and Mr Carlos Gomez. Committee members,
they will first walk us through their findings,
including their recommendations and concerns.
Then in the second part of the press conference, we will take some questions
without further delay. I will pass on the floor to madam chair, please.
Thank you very much, Vivian. Good afternoon. And thank you for being here.
I will provide you some general information about the
work of the Human Rights Committee in this session.
Uh, under our reporting procedure, we held
constructive dialogues with the delegation of Ecuador, France, Greece, Iceland,
also, Pakistan and Turkey.
In all our reviews, we have noted positive developments,
identify areas of concerns and made recommendations.
All six concluding observations will be
in our website soon. This afternoon,
uh, we adopted a list of issues. Uh, of Latvia also sees uh, more list of issues.
uh, to Benin, Cameroon, Monaco, Poland, Slovenia and South Africa.
Uh, about the individual communications. Uh,
287 were decided on the merits. So
10 of them were declared inadmissible.
Uh, 11 communications were discontinued
regarding the communication decided on the merits,
the committee found violations in
just, uh, adopted a total of 303 180 decisions.
This means that this year, thanks to the measures
taken by the committee to deal with this high number of communications before,
uh, the committee was able to adjudicate 446 cases in 2024.
we adopted also the progress report of follow up
to views concerning individual communications regarding to Colombia,
Ecuador, Finland, Greece,
New Zealand, Sweden, Turkey, Turkmenistan, and Ukraine.
we are, uh, working on the next, uh, session of the Human Rights Committee
reviewed period reports about Albania, Burkina Faso, Mongolia, Montenegro,
The committee will also adopt, uh, list of officials and list, uh, to
Antigua and Barbuda, Barbados, Dominican Republic, Jordan, Mauritius,
Thank you, madam Chair. And then maybe we can have Mr Central Pa
to start presenting the countries. Thank you.
Thank you very much. Good afternoon.
So we will concentrate on one part of our
activities relating to the review of state parties reports.
I would like to say at the outset that six countries have reviewed
all the delegations engaged with the committee in a fair spirit and
trying to divest their their abilities to answer our multiple questions.
Having said that, I would address now Iceland, Pakistan and France.
I will begin with Iceland.
event happened for the committee's review
because exactly on the week that the review of the state Party was to be conducted,
the delegation wanted to be present and was
present in the room and answer very satisfactory.
we did concentrate on several issues. I would just highlight three of them,
concerning the need to reinforce the anti corruption measures.
There is a particular large corruption case
but involving Iceland companies. The fish rod
affair and it seems that the affair is taking very long in courts.
One of the main reasons is because it requires international co operation
that is taking quite a long time
to be provided to the state party. But we ask them
quickly as possible in order
for the public to see the results of the criminal investigation.
freedom of expression of journalists because
the sequence of these famous case corruption case
journalists were prosecuted in court
and we wanted to be sure that criminal investigations
is not used to hamper the activity of journalists
but has indeed some genuine
grounds to be conducted. And finally
we address also the problems relating to traffic in
human beings because we had reports that migrant workers,
specific years like construction, tourism, domestic service
and for labour exploitation, and that women and Children
are vulnerable to traffic for sexual exploitation
and some of these are probably the three main areas
that I would pick up for. Iceland
Pakistan presented the second periodic report. The last review had been in
we covered quite a lot of issues in this country. First,
the full incorporation of the covenant in the domestic legal order,
which has not happened yet.
Second, to effectively enforce anti
strengthen the mechanisms and procedures for combating corruption,
namely in the judiciary, military and relating to public officials,
and to guarantee equality between men and women
and to combat patriarchal attitudes and stereotypes.
participation of women in political, economic and public life,
notably in decision making positions,
to prevent combat eradicator forms of gender based violence,
which seems to have some prevalence in the country.
Violence against women particularly,
practises against women and girls and to enforce the anti
honour killing laws that are still prevalent in the country.
the issue reinforces appearance as well as torture and extrajudicial
allegedly perpetrated by the military, intelligence agencies and the police,
including Asia territorially so outside the country itself
against human rights defenders, journalists, students, political activists,
members of ethnic and religious minorities,
public officials and political opponents.
We also address the question of slavery, servitude and trafficking persons
the use of control lists and measures to arbitrarily
restrict the freedom of movement of dissenting persons,
journalists, activists, members of ethnic minorities and human rights defenders
leading to the confiscation of their passports,
detention and monitoring of their movement.
We also were concerned about overly broad power
to authorities to access and retain personal data
and to share it with foreign governments
without judicial authorization, sufficient oversight,
reports of the increase of surveillance measures and mechanisms in the state
to intercept calls and text messages of citizens,
and even the installation of a mass surveillance system,
which is supposed to in co operation with telecom munition companies to
supposed to intercept data and telecom records of up to
4 million users without any regulatory oversight or judicial authorization.
There is also an increase of discrimination, hate speech, hate crimes,
harassment and intimidation against religious minorities, in particular,
and the youths Indiscriminate blasphemy laws.
Blanket bans on assemblies are frequently imposed.
There is a legal and policy framework
and procedures governing the activities of national
and international non governmental organisations
and only restricting the exercise of the right to freedom of association,
introducing cumbersome and costly annual registration procedures,
restrictive regulations on foreign
and providing authorities with extensive monitoring powers.
There is also a persistent practise of
ducking girls who belong to religious minorities
and forcing them to marry regardless of their age and the prevailing law
and convert to Islam under the threat of violence, which results in rape,
and other forms of sexual and gender based violence against these girls,
and to promote the participation representation of women and persons
belonging to minorities in the public and political life.
urgent priorities for the state party to consider
relating to the Antiterrorism Act,
which allows the police to search and arrest individuals without a warrant,
permits confessions made in police custody as evidence in court,
and imposes short investigation periods and trial deadlines
and even applies to Children.
Then the second area of urgent concern is the full independence,
impartiality and safety of judges and prosecutors,
by using the constitutional legislative framework
on the independence of the judiciary,
that the constitutional amendment has been just approved,
which raises in our view, significant concerns for the independence,
both of the judiciary and the public prosecution.
the third area of urgent concern for us
is the arbitrary restrictions in law and practise on freedom of expression,
The broad and alarmingly frequent use of Internet shutdowns,
blocking of websites and online resources and banned on social media platforms,
sometimes signing very young
France. We also had quite a number of issues to deal with the first one
relating to the implementation of the committee's views,
official position of the government is that our views are just
advisory opinions not to. They are
not to be seen as mandatory we consider otherwise,
and none of our views have been so far implemented by the State Party.
We're also concerned about the frequent racial profiling
in the context of identity checks by law enforcement officials,
use of administrative police measures on the basis
of secret information to deprive persons suspected of involvement
in terrorist activities of their rights under the covenant,
including the rights to freedom of movement and association
and the right to privacy,
persistence of prison overcrowding and the poor material
conditions in many places of deprivation of liberty,
particularly in the overseas territories, including
administrative detention centres.
the need to strengthen efforts to ensure
access to adequate housing in dignified conditions
and to put an end to the heel treatment faced by asylum seekers and irregular
migrants in border areas in particular on the Franco British border and in Mayotte,
providing for alternative measures to administrative detention.
Reports that foreign nationals, including unaccompanied Children, are
regularly forcibly returned
in an expeditious manner to the French Italian border
without having legal access to appropriate asylum procedure,
including information on their rights
and the right to challenge the measures imposed on them.
A significant concern on the independence of the judiciary
and the public prosecution, particularly the public prosecution,
which still is under the direct supervision of the Minister of Justice Gardai.
surveillance of activities have significantly increased permitting
under the new law on surveillance
which in our view don't respect sufficiently
the principles of legality, proportionality and necessity,
namely for the use of drones equipped with cameras
by law enforcement agencies
and on the basis of the decision by the
prefect with a very broad scope of application,
including at demonstrations,
the new the need to review legislation,
the weighing of conspicuous religious symbols,
reviewing its necessity and proportionality,
and refraining from extending the scope of restrictions,
Due to the discriminatory effect in practise
and the impact of these measures on members of religious minorities,
consolidate in respect for the principle of the Republic,
the so called Separatism Act
which reportedly has been used to dissolve civil society organisations,
including those promoting freedom of belief and non discrimination.
The Law on Separatism introduces a so called Republican commitment contract
as a condition for receiving public funding
under which associations can have public funding withdrawn for
failing to comply with a legally vague
definition of republican commitment,
appeals can only be lodged after funding has been withdrawn
and allegations that the exercise of the
right to peaceful assembly has been hampered
by the increased number of arbitrary controls and the rest have demonstrated,
including in areas close to where demonstrations are held
and by the increased number of demonstrations banned by the authorities
on the basis of an alleged threat to public order,
including recent demonstrations in support of the Palestinian people,
allegations of excessive use of force
during law enforcement operations at demonstrations
both in mainland France and in the overseas territories,
and also that in the context of demonstrations,
incidents have been reported for instance, in New Caledonia since May 2024
against the draught Constitutional Law
on the mythification of the electoral body,
and the law agencies have reportedly used excessive use of force
as a result of which a number of people,
gendarmes, have lost their lives
and hundreds of others have been insured.
concerns about the lack of effective political participation
and consultation measures for the indigenous
obtaining their free prior and informed consent to the
adoption of laws or other measures affecting their rights.
The three urgent priority recommendations for the state
party is to revise the legal framework,
doctrines and operational procedures governing the use
of force by law enforcement officials,
including the use of firearms and in intermediate weapons.
This proportionately affect members of certain minority groups, in
particular people of African descent
and of Arab origin, indigenous peoples and migrants
and the second area of concern.
Since the Hamas attacks in October 2023
trade union and association leaders have
been prosecuted for apologising for terrorism,
an offence under article 421
to 5 of the Criminal code,
which prohibits directly provoking acts of terrorism
or public apologising for such acts,
when such an apology is merely recall the
context in which the attacks were committed.
And there has been a significant increase in the number of abuse defamation
proceedings known as slaps,
silencing and financially exhausting human
rights defenders and trade unionists.
notwithstanding the revisions made to the National Law Enforcement Scheme
concerning the framework for the use of intimidate happens and permissible meals,
the committee expressed its serious concern about their use in practise,
often outside the regulatory and legal framework,
regularly causing serious injuries,
including during recent demonstrations against pension reforms in 2023.
Thank you, Mr Santos. Pais.
Now we will have Mr Gomez to talk about Ecuador, Greece and Turkey.
Thank you very much. And good afternoon,
Thank you for your presence here in the room and online and especially thank you
very much for your interest in the task of our committee and in human rights.
I'm going to talk. First of all, about the results of our
examination or review on the state of Turk,
The first concern is related to the independence of the judiciary.
2016 coup d'etat attempt,
4664 judges and prosecutors were dismissed.
It means that 30% more or less of the judiciary.
The Council of Judges and Prosecutors,
which is the governing body of the judiciary,
is composed by 13 members. None of them are appointed by the judiciary itself.
10,000 new judges and prosecutors have been appointed. It
is not clear that these new appointments
have been done following criteria of merit and capacity.
our recommendations at this point were
that new appointments of judges and prosecutors
follow international standard as established by different United Nations texts
and that the victims of these massive
dismissals have access to effective remedies,
including judicial review.
The second big issue in Turkey was
in Turkey. Excuse me was the anti terrorism measures.
There is a problem with the definition of terrorism because it is too broad
and it allows its use against opposition members
and human rights defenders,
journalists, teachers, etc.
The systematic denial of the terrorism of the judicial
guarantees in terrorism related cases is also a big problem
and also the lack of execution or implementation of very
important binding rulings of the European Court of Human Rights
and therefore, our recommendations on this issue of Anti-terrorism
is to provide persons charged with terrorism related offences
with appropriate legal and procedural safeguards,
the legal definition of terrorism.
According to the principle of certainty stated in our Covenant
And the third big issue in Turkey was the freedom of association
according to our sources,
1500 associations have been closed
in the last few years, including trade unions,
human rights organisations, lawyers,
associations and educational institutions.
We are worried also that these closures were carried out under vague criteria
in or under a state of emergency decrease laws without judicial oversight.
All this has had a chilling effect that deterred individuals from serving,
of these associations are becoming its members.
Therefore, our recommendation here
is to bring legislation and practise in full compliance with our covenant.
The second country I'm going to refer to is Ecuador.
we have found that the legal framework in Ecuador is adapted to the requirement
of human rights and to the International Covenant of Civil and Political Rights.
But in practise, these laws are not implemented. So there is a big back,
between the legal framework and the practise. The reality of human rights.
The first big issue here in Ecuador was the state of emergency because
The country has been through six years of state of emergency
with information of violations of human rights such as arbitrary detentions,
torture, especially during 2024
on uh and and this state of emergency of
emergency are justified on the basis of internal unrest
that has been considered non constitutional.
There is also a lack of implementation of
the judgments of the Constitutional Court on this issue
and we are worried also because only in from
January to May 2024 35,000 detentions were done.
Of course, most of the people were after freedom,
but nevertheless we think that it is a very high
So our recommendation is to restrict the recurrence to state of emergency
and that the measures taken under the state of emergency must be proportionate.
The second big issue in Ecuador is the violence against women,
the concerns and that the frequency of femicide and violence against women
and the low rate of conventions, convictions for these criminal offences
and the lack of protection
services for these women.
We are also worried about the under reporting,
particularly particularly among Afro descendants and girls of rural areas,
and we are also concerned about the insufficiency of the
allowances foreseen in the law but insufficient for orphans.
Therefore, we have recommended the State party
to intensify its efforts to eradicate violence against women
to ensure that all cases of violence against women
are duly investigated and that victims have effective
remedies and they have access to full reparation
to train public officials, including judges,
prosecutors, lawyers and law enforcement officers,
on how to deal with cases of violence against women
and to guarantee the payment of allowances to girls and boys.
Victims of this kind of violence
enough to cover their needs irrespective of the number of the number of siblings
and the third big issue in Ecuador is related to
the person deprived of the liberty and the detention conditions.
Our concerns are the overcrowding in prisons
and the high rate of preventive prisoners,
the difficult conditions within the penitentiary
system which promote acts of violence
and the worsening of these conditions.
Since the militarization of the penitentiary system in 2024
uh, we are aware that 600 violent deaths have occurred between
2023 including two directors of penitentiary centres.
Consequently, the state party should reduce overcrowding in prisons,
should reduce the rate of preventive prisoners,
and should guarantee that all persons deprived of this
of their liberty can have access to health services,
food, water and rehabilitation services.
The state party should also prevent excessive use of force against prisoners,
investigate all cases of death inside the prisons
measures to ensure that the army follows
all human rights during their activity within
the penitentiary services.
the state party should adopt judicial and disciplinary measures against members
of the staff in prisons responsible for acts of corruption.
I am going to refer to is Greece our concern. The third one of our concerns is the use
of force by police against peaceful protesters and journalists,
including the use of tear gas, chemical irritants,
water cannons and stun grenades, causing serious injuries
and also the lack of investigation of these facts by the Ombudsman office.
the state party on this issue should ensure that
allegations of excessive use of force are duly investigated
the state party should also take measures to prevent and
eliminate the excessive use of force by law enforcement officials.
The second big issue in Greece was the treatment of aliens including migrants,
refugees and asylum seekers.
Our concerns are the multiple
reports of pushbacks at Greece, seas and land borders
in violation of the principle of non refoulement,
the excessive use of force, ill treatment,
incommunicado detention and lack of procedural guarantees.
In the context of these pushback operations,
the detention of migrants in detention centres
without any real prospect of return,
and the lack of investigation of PUSHBACKS
and therefore Greece should
first cease the procedure of collective expulsion of alliance.
ensure that the principle of non refoulement is respected in law and in practise.
ensure that excessive use of force is not applied to migrants and asylum seekers
and finally affirm the independence of
the monitoring mechanisms already existing.
And finally, the third issue is on human rights defenders because we are concerned
of an increasingly hostile environment towards human rights defenders,
especially in the field of the protection of the migrants'
The state party should therefore
enhance the efforts to combat all kinds of violence against human rights defenders
and ensure that all human rights
violations against them are promptly investigated.
Thank you, Mr Gomez. And now we can open the floor for questions.
We have one, in the room. Yes, and as a FP.
the insightful questions challenging ones. Let's see if I can answer them
I will not reveal the countries that have similar approaches. France
But we consider that the fact that all of these countries have
from their own free will ratify the optional protocol to the government
that the fact that individuals under their jurisdiction present complaints
to the Human Rights Committee
means that the decision of the Human Rights Committee should be abided
because otherwise there will be no effective remedies
for the persons the authors of these communications.
So the state party refers to the fact that they
They have their willingness
to discuss to come to the committee to present their submissions
to the complaints. But in the end, when the decision is issued,
the state budget does not follow
what's the purpose of having this type of mechanism for individuals?
Complaints if in the end, nothing happens
for the second question that you used
use of force by law enforcement officials. But the fact is that there has been
and unifying of the use of firearms by
gendarmerie, police and others.
that the use of firearms and intermediate weapons have
given cause to severe consequences for mainly demonstrators and others
with a lot of people being blind, people having lost their arms
and the people have been severely injured.
our concern is that the use of firearms should
be subjected to the principle of legitimate defence.
should be used only as a last resort and not for the control of manifestations.
And one of the things that we have not seen
across the many significant
where there were severe public demonstrations against several
government policies, is that we have not seen on the part of the police any type of de
type of approach to controlling manifestations,
the position of confrontation with manifestations,
with the consequences that most or many of these manifests
and violation of public order when sometimes
they were just expressing
right to freedom of assembly and freedom of expression.
So that's the reason why we thought that this consent should be raised
before the state party and I would just like to highlight
that The purpose of these recommendations is to allow the state party to
reflect and to see whether there are
possibilities for improving the way
they fulfil their obligations under the covenant.
so. There were other cases of use of firearms, for instance, for conducting
drivers in cars. They have several persons that were killed
because they refused to stop at
police controls. And the only answer that the police had was to shut the people down.
in other country, we consider that using a firearm would be the last resort,
and in some cases there was not even any kind of danger for the police officer.
So that's why we consider that the use of firearms is a very serious
matter. It should be looked into upon
into it. Each time a police officer uses a firearm.
As in many other countries,
there is an immediate investigation on the use of the firearms.
It is investigation if necessary.
The police offer is subject to disciplinary and criminal proceedings.
But in France we don't see that we see a kind of impunity of law enforcement officials
when using their firearms, as if there is any presumption
that they have used their firearms according to the regulations.
And in our view, that's not the case.
We can take some question from, um, from zoom from online.
If you have a question, please raise your hands.
I indeed have a written question.
As the committee has mentioned in the report,
the existing government has declared a state of
emergency quite frequently on local and national level,
and that has sparked debates about
the governmental outreach and balance between security and civil liberties.
does the committee agree with that?
And then could you please explain the consequences of these states of emergency?
the question. Yet we don't agree about the
this excessive use of the state of emergency.
And in fact, this has been one of the main
concerns of the committee
because there is always a risk of violation of human rights
when the state of emergency is declared.
one of our recommendations is to restrict the use of this state of emergency,
especially taking into account
that their own Constitutional court
The Constitutional Court has told the government
to be very restrictive in the use of state of emergency because if you say
that they have been living six years in state of emergency. So,
in such a situation, of course, the violations of human rights can be
more important and the investigation of them becomes more difficult.
And therefore, yes, we recommend the
to be very restrictive in the application of states
of emergency and be very vigilant in the in the
and especially to respect the principle
of proportionality when limiting human rights.
Isabel, you have the floor.
good afternoon. Uh, I am Isabel
I work for the Spanish news Agency.
I would like to ask on the, um, situation of corruption, uh,
of the judiciary system in Ecuador that you described in your in the report
how? Um I I read, uh, many, uh, worrying, uh,
uh on on the report on this issue. So I would like to to ask you What do you think is
or if you think that the the measures
described by the by the government by the delegation
which came here to Geneva,
to to begin to solve this this situation,
situation to tackle the corruption in in the judiciary.
Thank you for the question. Yes.
Corruption of the judiciary is one of the most serious situations in
foreign country because it endangers the rule of law. I mean,
if the power is in charge of the fight against corruption is itself corrupted, then
we are in a very delicate situation and
that's precisely what is happening in Ecuador.
Uh, so what would be the the the the solution to this problem?
I think the solution is simply to
because the judiciary in in in Ecuador is in a very delicate situation.
there is information according to which there is
a certain degree of corruption in the judiciary.
But there is information according to which
judges are being killed by the organised crime.
So you can imagine how the the judiciary is fragile in Ecuador.
So I think that the only solution is to reinforce the judiciary
and, uh, and fight against the corruption of the
the judiciary from the inside of the judiciary with the
the judges themselves. Because the majority of the judges
are not corrupted, I'm sure.
And they will undertake these tasks and they will
fulfil their obligations in this sense if they feel
that they have the support of the other powers of the state.
So I hope the committee hopes that maybe
this recommendation and what the committee has done
with this review may may, uh, do to to the,
uh to the judges in Ecuador to the conclusion that they
also have the support of our committee to undertake this task.
In late October, there are two transgender women were stabbed to death in their home
in northwest Pakistan, and then
three men were arrested and confessed to the killing.
And it seems there is a rising
attack against transgender individual reported in the country
in recent years. So what's the committee's recommendation on the issue?
I think that one of the main problems of
Pakistan is the pervasive influence of religion on many
aspects, not only of public policy but of civil
engagement of people with one another.
There are several cases of discrimination against
I told about religious minorities and others,
but also on people who might be seen as different from others like, for instance,
LGBTI people and trans transit persons.
The principle of non discrimination
implies that everyone is equal before the law and should enjoy
the same rights and have the same obligations as anyone.
The fact that a person has a different
sexual orientation or identity, it's a question of their own
and should not be infringed upon by others.
the fact that it is a murder
and the fact that it is a murder with an aggravated circumstances on the fact of the
sexual identity of the person makes even a grievous case.
What we would expect is that the state party prosecutes and punishes severely
this type of conducts by people, whatever their motivations are,
because this is indeed a violation of the rule of law
possibility for people to engage in the public space
in a fair manner. And in this particular instance,
the fact that the people were murdered in their own homes, it's even more grievous
because there is an invasion
of their privacy in their home, and so it would be even more severely punished
that would be my answer to the question. Thank you.
there is a question on turkey.
Um, the draught amendments to Turkey's anti
espionage law is now pending a vote in the country's, um, um,
Parliament's General Assembly.
What would happen? According to the committee?
Uh, if the draught amendments
are, um, approved and adopted,
how does it affect the work of human rights defenders,
journalists and other civil society?
Thank you for the question.
Yes, I think it can affect the right of human rights defenders and journalists,
what has to be done is to be very vigilant. We know that
there have been some very important change recently
in the whole legislation of Turkey Turkey.
yes, it can be affected by this.
The human rights of all these different
kind of of of human rights defenders, journalists, teachers can be affected. And so
I mean, the only thing is to be vigilant and to try to use first the internal,
uh, mechanism that that exist because, of course,
in Turkey there are judges in the Constitutional court,
these all these instruments have to be used by the people affected by these
by their new dispositions. Yes.
Do we have more questions? Um, E. Either in the room or online.
It seems everyone is quite happy with the presentations.
So, uh, there are no more questions. So, Madam Chair, would you like to conclude?
thank you for this, um, opportunity to show how the committee works.
completely happy to provide you all the information we have. And
our commitment for human rights, uh,
the most high level here with this country.
So you already have the cops online,
in in this, uh, more, uh,
security position to know our work and how we are concerned about this country.
Thank you. All of you. And the press conference now comes to an end.
Thank you for your participation.