General Assembly Official Records Fiftyeighth Session Supplement No.40 (A/58/40)

A/58/40 (Vol. II)

United Nations

Report
of the Human Rights Committee

Volume II

General Assembly
Official Records
Fiftyeighth session
Supplement No.40 (A/58/40)

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.

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 and Country Report Task Forces

G. Secretary-General’s recommendations for reform of
treaty bodies

H. Related United Nations human rights activities

I. Meeting with States parties

J. Derogations pursuant to article 4 of the Covenant

K. General comments under article 40, paragraph 4, of
the Covenant

L. Staff resources

M. Emoluments of the Committee

N. Publicity for the work of the Committee

O. Documents and publications relating to the work of
the Committee

P. Future meetings of the Committee

Q. Adoption of the report

GE.03-44346 (E) 041103 171103

CONTENTS (continued)

Paragraphs Page

Chapter

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 2002 to July 2003

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

Egypt

Togo

Estonia

Luxembourg

Mali

Slovakia

Portugal

El Salvador

Israel

CONTENTS (continued)

Paragraphs Page

Chapter

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 consider 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

VII. FOLLOW-UP TO CONCLUDING OBSERVATIONS

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 8 AUGUST 2003

A. States parties to the International Covenant on Civil
and Political Rights

B. States parties to the Optional Protocol

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

CONTENTS (continued)

Page

Annexes

II. MEMBERSHIP AND OFFICERS OF THE HUMAN RIGHTS
COMMITTEE, 2003-2004

A. Membership of the Human Rights Committee

B. Officers

III. SUBMISSION OF REPORTS AND ADDITIONAL
INFORMATION BY STATES PARTIES UNDER
ARTICLE 40 OF THE COVENANT

IV. STATUS OF REPORTS CONSIDERED DURING THE
PERIOD UNDER REVIEW AND OF REPORTS STILL
PENDING BEFORE THE COMMITTEE

V. VIEW 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. 726/1996, Zheludkov v. Ukraine
(Views adopted on 29 October 2002, seventy-sixth session) 12

Appendix

B. Communication No. 757/1997, Pezoldova v. The Czech Republic
(Views adopted on 25 October 2002, seventy-sixth session) 25

Appendix

C. Communication No. 778/1997, Coronel et al. v. Colombia
(Views adopted on 25 October 2002, seventy-sixth session) 40

D. Communication No. 781/1997, Aliev v. Ukraine
(Views adopted on 7 August 2003, seventy-eighth session) 52

E. Communication No. 796/1998, Reece v. Jamaica
(Views adopted on 14 July 2003, seventy-eighth session) 61

F. Communication No. 814/1998, Pastukhov v. Belarus
(Views adopted on 5 August 2003, seventy-eighth session) 69

Appendix

CONTENTS (continued)

Page

Annexes

V. (cont’d)

G. Communication No. 829/1998, Judge v. Canada
(Views adopted on 5 August 2003, seventy-eighth session) 76

Appendix

H. Communication No. 836/1998, Gelazauskas v. Lithuania
(Views adopted on 17 March 2003, seventy-seventh session) 104

I. Communication No. 838/1998, Hendricks v. Guyana
(Views adopted on 28 October 2002, seventy-sixth session) 113

Appendix

J. Communication No. 852/1999, Borisenco v. Hungary
(Views adopted on 14 October 2002, seventy-sixth session) 119

Appendix

K. Communication No. 856/1999, Chambala v. Zambia
(Views adopted on 15 July 2003, seventy-eighth session) 130

L. Communication No. 864/1999, Ruiz Agudo v. Spain
(Views adopted on 31 October 2002, seventy-sixth session) 134

M. Communication No. 875/1999, Jan Filipovich v. Lithuania
(Views adopted on 4 August 2003, seventy-eighth session) 145

N. Communication No. 878/1999, Kang v. Korea
(Views adopted on 15 July 2003, seventy-eighth session) 152

O. Communication No. 886/1999, Bondarenko v. Belarus
(Views adopted on 3 April 2003, seventy-seventh session) 161

P. Communication No. 887/1999, Lyashkevich v. Belarus
(Views adopted on 3 April 2003, seventy-seventh session) 169

Q. Communication No. 893/1999, Sahid v. New Zealand
(Views adopted on 28 March 2003, seventy-seventh session) 176

R. Communication No. 900/1999, C. v. Australia
(Views adopted on 28 October 2002, seventy-sixth session) 188

Appendix

CONTENTS (continued)

Page

Annexes

V. (cont’d)

S. Communication No. 908/2000, Evans v. Trinidad and Tobago
(Views adopted on 21 March 2003, seventy-seventh session) 216

Appendix

T. Communication No. 933/2000, Adrien Mundyo Busyo,
Thomas Osthudi Wongodi , René Sibu Matubuka et al. v.
Democratic Republic of the Congo
(Views adopted on 31 July 2003, seventy-eighth session) 224

U. Communication No. 941/2000, Young v. Australia
(Views adopted on 6 August 2003, seventy-eighth session) 231

Appendix

V. Communication No. 950/2000, Sarma v. Sri Lanka
(Views adopted on 16 July 2003, seventy-eighth session) 248

W. Communication No. 960/2000, Baumgarten v. Germany
(Views adopted on 31 July 2003, seventy-eighth session) 261

X. Communication No. 981/2001, Gomez Casafranca v. Peru
(Views adopted on 22 July 2003, seventy-eighth session) 278

Y. Communication No. 983/2001, Love et al. v. Australia
(Views adopted on 25 March 2003, seventy-seventh session) 286

Appendix

Z. Communication No. 986/2001, Semey v. Spain
(Views adopted on 30 July 2003, seventy-eighth session) 303

AA. Communication No. 998/2001, Althammer et al. v. Austria
(Views adopted on 8 August 2003, seventy-eighth session) 317

BB. Communication No. 1007/2001, Sineiro Fernandez v. Spain
(Views adopted on 7 August 2003, seventy-eighth session) 325

CC. Communication No. 1014/2001, Baban et al. v. Australia
(Views adopted on 6 August 2003, seventy-eighth session) 331

Appendix

CONTENTS (continued)

Page

Annexes

V. (cont’d)

DD. Communication No. 1020/2002, Cabal and Pasini v. Australia
(Views adopted on 7 August 2003, seventy-eighth session) 346

Appendix

EE. Communication No. 1077/2002, Carpo et al. v. The Philippines
(Views adopted on 28 March 2003, seventy-seventh session) 363

Appendix

FF. Communication No. 1086/2002, Weiss v. Austria
(Views adopted on 3 April 2003, seventy-seventh session) 375

VI. DECISIONS OF THE HUMAN RIGHTS COMMITTEE
DECLARING COMMUNICATIONS INADMISSIBLE
UNDER THE OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS 390

A. Communication No. 693/1996, Nam v. Korea
(Decision adopted on 28 July 2003, seventy-eighth session) 390

Appendix

B. Communication No. 743/1997, Truong v. Canada
(Decision adopted on 28 March 2003, seventy-seventh session) 397

C. Communication No. 771/1997, Baulin v. The Russian Federation
(Decision adopted on 31 October 2002, seventy-sixth session) 405

D. Communication No. 820/1998, Rajan v. New Zealand
(Decision adopted on 6 August 2003, seventy-eighth session) 410

E. Communication No. 837/1998, Kolanowski v. Poland
(Decision adopted on 6 August 2003, seventy-eighth session) 419

F. Communication No. 872/1999, Kurowski v. Poland
(Decision adopted on 18 March 2003, seventy-seventh session) 425

G. Communication No. 876/1999, Yama and Khalid v. Slovakia
(Decision adopted on 31 October 2002, seventy-sixth session) 434

CONTENTS (continued)

Page

Annexes

VI. (cont’d)

H. Communication No. 881/1999, Collins v. Australia
(Decision adopted on 29 October 2002, seventy-sixth session) 439

I. Communication No. 890/1999, Krausser v. Austria
(Decision adopted on 23 October 2002, seventy-sixth session) 447

J. Communication No. 942/2000, Jonassen v. Norway
(Decision adopted on 25 October 2002, seventy-sixth session) 456

Appendix

K. Communication No. 951/2000, Kristjánsson v. Iceland
(Decision adopted on 16 July 2003, seventy-eighth session) 473

L. Communication No. 953/2000, Zündel v. Canada
(Decision adopted on 27 July 2003, seventy-eighth session) 483

M. Communication No. 956/2000, Piscioneri v. Spain
(Decision adopted on 7 August 2003, seventy-eighth session) 493

N. Communication No. 972/2001, Kazantzis v. Cyprus
(Decision adopted on 7 August 2003, seventy-eighth session) 499

O. Communication No. 978/2001, Dixit v. Australia
(Decision adopted on 18 March 2003, seventy-seventh session) 506

P. Communication No. 980/2001, Hussain v. Mauritius
(Decision adopted on 18 March 2003, seventy-seventh session) 516

Q. Communication No. 984/2001, Shukuru Juma v. Australia
(Decision adopted on 28 July 2003, seventy-eighth session) 521

R. Communication No. 987/2001, Gombert v. France
(Decision adopted on 18 March 2003, seventy-seventh session) 531

S. Communication No. 989/2001, Kollar v. Austria
(Decision adopted on 30 July 2003, seventy-eighth session) 538

T. Communication No. 1001/2001, Strik v. The Netherlands
(Decision adopted on 1 November 2002, seventy-sixth session) 547

U. Communication No. 1004/2001, Estevill v. Spain
(Decision adopted on 25 March 2003, seventy-seventh session) 552

CONTENTS (continued)

Page

Annexes

VI. (cont’d)

V. Communication No. 1013/2001 Boboli v. Spain
(Decision adopted on 30 July 2003, seventy-eighth session) 556

W. Communication No. 1021/2001 Hiro Balani v. Spain
(Decision adopted on 25 March 2003, seventy-seventh session) 563

X. Communication No. 1038/2001, Ó Colchúin v. Ireland
(Decision adopted on 28 March 2003, seventy-seventh session) 566

Y. Communication No. 1049/2002, Van Puyvelde v. France
(Decision adopted on 26 March 2003, seventy-seventh session) 573

Z. Communication No. 1082/2002, De Clippele v. Belgium
(Decision adopted on 28 March 2003, seventy-seventh session) 581

AA. Communication No. 1088/2002, Veriter v. France
(Decision adopted on 6 August 2003, seventy-eighth session) 587

BB. Communication No. 1091/2002, Perera v. Sri Lanka
(Decision adopted on 7 August 2003, seventy-eighth session) 593

CC. Communication No. 1114/2002, Kavanagh v. Ireland
(Decision adopted on 25 October 2002, seventy-sixth session) 598

DD. Communication No. 1142/2002, Van Grinsven v. The Netherlands
(Decision adopted on 27 March 2003, seventy-seventh session) 603

EE. Communication No. 1169/2003, Hom v. The Philippines
(Decision adopted on 30 July 2003, seventy-eighth session) 607

Annex V

VIEW OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

A. Communication No. 726/1996, Zheludkov v. Ukraine* (Views adopted on 29 October 2002, seventy-sixth session)

Submitted by: Mrs. Valentina Zheludkova (represented by counsel Mr.IgorVoskoboinikov)

Alleged victim: Alexander Zheludkov

State party: Ukraine

Date of communication: 28 March 1994 (initial submission)

The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights,

Meeting on 29 October 2002,

Having concluded its consideration of communication No. 726/1996, submitted to the Human Rights Committee on behalf of Mr. Alexander Zheludkov under the Optional Protocol to the International Covenant on Civil and Political Rights,

Having taken into account all written information made available to it by the author of the communication, and the State party,

Adopts the following:

* The following members of the Committee participated in the examination of the presentcommunication: Mr. Nisuke Ando, Mr. Prafullachandra Natwarlal Bhagwati, Mr.Maurice Glèlè Ahanhanzo, Mr. Louis Henkin, Mr. Ahmed Tawfik Khalil, Mr. Eckart Klein, Mr.DavidKretzmer, Mr. Rajsoomer Lallah, Ms. Cecilia Medina Quiroga, Mr. Rafael Rivas Posada, Sir Nigel Rodley, Mr. Martin Scheinin, Mr. Ivan Shearer, Mr. Hipólito Solari Yrigoyen, and Mr. Maxwell Yalden.

The text of four individual opinions by Committee members Mr. Nisuke Ando, Mr.Prafullachandra Natwarlal Bhagwati, Ms. Cecilia Medina Quiroga and
Mr. Rafael Rivas Posada are appended to the present document.

Views under article 5, paragraph 4, of the Optional Protocol

1. The author of the communication is Mrs.Valentina Zheludkova, Ukrainian national of Russian origin. She submits the communication on behalf of her son, Alexander Zheludkov, an Ukrainian national of Russian origin, at the time of the submission detained in an Ukrainian prison. She claims that her son is a victim of violations of articles2, 7, 9, 10 and14 of the International Covenant on Civil and Political Rights. The author is represented by counsel.[1]

Facts as submitted by the author

2. The author states that her son was arrested on 4 September 1992 and was charged, alongside two other men, with the rape of a minor, a 13-year-old girl, H.K. The rape was alleged to have occurred on 23 August 1992. On 28 March 1994, the author’s son was convicted by the Ordzhonikidzevsky District Court (Mariupol) and sentenced to seven years’ imprisonment. His appeal to the Donetsk Regional Court was dismissed on 6May 1994. His subsequent appeal to the Supreme Court of Ukraine was dismissed on 28 June 1995.

Complaint

3.1 The author claims that her son is a victim of a violation of articles 7 and 10 of the Covenant on the ground that, both on the date of his arrest and on other occasions before his trial, he was severely illtreated and because of the inhuman conditions of detention. With regard to the first ground, she states, in particular, that on 4 September 1992, her son was brought to a police station to give evidence as a witness in a case concerning a theft. She states that at the police station he was taken to a room where he was severely beaten with metal objects by several policemen for many hours. Her son identifies one of the assailants as Mr.K., a police captain and father of the victim of the alleged rape. The author further claims that Mr. K. forced her son to write a confession to the alleged rape. She explains that he declined to make any complaints to a man in civilian dress who subsequently came into the interrogation room to ask him some questions, fearing that he would be beaten again if he complained. The author claims that her son has suffered serious injuries as a result of the beatings and states that he is still in bad health. In particular, he suffered severe damage to his left eye. She supplies no medical evidence, since her son has no access to his medical records. However, she provides a report by a doctor of the institution where her son was detained, which shows that he did complain to the doctor about the state of his eye. Furthermore, she has put before the Committee an extensive series of medical records aimed at showing that he was in good health until 1992.