Human Rights
Committee
Ninetieth
session
CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 40 OF THE COVENANT
Unedited
version
Concluding observations of
the Human Rights Committee
1.
The
Committee considered the second periodic report submitted by the Czech Republic
(CCPR/C/CZE/2) at its 2464th and 2465th meetings
(CCPR/C/SR.2464 and 2465), held on 16 and 17 July 2007, and adopted the
following concluding observations at its 2478th meeting
(CCPR/C/SR.2480), held on 25 July 2007.
Introduction
2.
The
Committee welcomes the submission of the State Party’s second periodic report,
which contains detailed legal and factual information and helpfully makes
reference to previous concluding observations. It also welcomes the written
responses to the list of issues, which facilitated the dialogue with the
Committee. The Committee appreciates the attendance of a
delegation composed of experts in various fields relevant to the Covenant, and
the seriousness of its oral and written replies.
B.
Positive aspects
3.
The
Committee notes that the Czech Republic, in 2006, acceded to the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, which should ensure better observance of Article 7 of
the Covenant.
4.
The
Committee welcomes the amendment to the Constitution adopted in 2002 by which
primacy was accorded to all international treaties approved by the Parliament.
5.
The
Committee notes the progress made in combating domestic violence, including
through the adoption of Act. No.91/2004, which criminalizes “cruelty to a person
living in a shared dwelling”, and Act No. 135/2006, which introduced a new
institution to protect victims.
6.
The
Committee welcomes the adoption of regulations on police cells, issued by the
Police President under No. 42/2007.
Principal
subjects of concern and recommendations
7.
The
Committee expresses its concern at the State party’s restrictive
interpretation of, and failure to fulfil its obligations
under the Optional Protocol to the Covenant and the Covenant itself.
The
State Party has advanced difficulties in implementing the Committee’s Views,
including
in numerous cases, under Act 87/91 of 1991,
concerning the restitution of property or
compensation to persons who were forced to flee from the State Party and adopted
the nationality of the country of refuge. The Committee recalls that, by
acceding to the Optional Protocol, the State Party recognized the Committee’s
competence to receive and examine complaints from individuals under the State
party’s jurisdiction.
The
Committee urges the State Party to implement all of its Views, including those
under Act 87/91 of 1991, in order to restore the
property of persons concerned, or otherwise compensate them.
8.
The
Committee is concerned about allegations, albeit unsubstantiated, that Czech
airports have been used as transit points for rendition flights of persons to
countries where they risk being subjected to torture or ill-treatment, and notes
that the State Party denies knowledge of such incidents. (art. 2, 7 and
14)
The State Party should investigate
allegations related to incidents of transit through Czech airports of such
flights and establish an inspection system to ensure that its airports are not
used for such purposes.
9.
The
Committee regrets the persistent reports of police misconduct, particularly
against Roma and other vulnerable groups, especially at the time of
arrest and detention, and the fact that the State Party has failed to establish
an independent body with authority to receive and investigate all complaints of
excessive use of force and other abuses of powers by the police, as recommended
in the Committee’s previous Concluding Observations. The Committee notes that
this omission could contribute to de-facto impunity for police officers involved
in human rights violations. (art. 2, 7, 9 and 26)
The State Party should take firm
measures to eradicate all forms of police ill-treatment, and in
particular:
a) establish a mechanism for the
investigation of complaints concerning actions of law enforcement officials
which is completely independent from the Ministry of Interior, as recommended by
the Governmental Council for Human Rights in 2006;
b) initiate disciplinary and
criminal proceedings against alleged perpetrators, and grant compensation for
victims; and
c) provide training to the police
force with regard to the criminal nature of the excessive use of
force.
10.
The
Committee notes with concern that Roma and other women have been subjected to
sterilization without their consent, and that the relevant
recommendations of the Ombudsman’s report of 2005 have not been implemented. In
particular, the Committee regrets the latitude given to doctors in this regard,
and the fact that no criminal proceedings have been initiated against
perpetrators. The Committee is also concerned that no compensation mechanism has
been established and that victims have not received any compensation. (art. 2,
3, 7 and 26)
The State party should:
a) implement the recommendations of the
Ombudsman’s report of 2005;
b) provide mandatory training on patients’
human rights to medical professionals and social workers;
c) grant compensation and provide assistance
to victims, including legal assistance to those who intend lodging a claim
before the courts;
d) initiate criminal proceedings against
alleged perpetrators;
e) ensure fully informed consent in all
proposed cases of sterilization and take the necessary measures to prevent
involuntary or coercive sterilization in the future, including written consent
forms printed in the Roma language, and explanation of the nature of the
proposed medical procedure by a person competent in the patient’s
language.
11.
The
Committee notes with concern that no significant progress has been made with
respect to the low participation of women in political life. The Committee
recalls that general awareness of women’s rights is not sufficient to guarantee
the equal rights of men and women under the Covenant. (arts.3, 25 and
26)
The State Party should take firm, positive
and coordinated measures under articles 3 and 26 to increase the participation
of women in the public sector.
12.
While
the Committee acknowledges the efforts of the State Party to address and combat
the trafficking and commercial sexual exploitation of women and children, the
Committee remains concerned about this phenomenon and the lack of a coordinated
system of response. (arts. 3, 8, 24 and 26)
The
State Party should continue to reinforce its measures to combat
trafficking
and commercial sexual exploitation of women and children, by
establishing a coordinated system of response, and by prosecuting and punishing
perpetrators. Prevention and rehabilitation programmes for the victims should
also be established.
13. The Committee expresses concern about the persistence of the use of enclosed restraint beds (cages/net beds) as a means to restrain psychiatric patients, and the State party’s expressed intention not to discontinue the use of net beds entirely. The Committee recalls that this practice is considered an inhuman and degrading treatment of patients confined in psychiatric and related institutions. (arts.7, 9 and 10)
The
State Party should take firm measures to abolish completely the use of enclosed
restraint beds in psychiatric and related institutions. It should establish
inspection systems which take into account the United Nations Principles for the
Protection of Persons with Mental Illness and the Improvement of Mental Health
Care. The State Party should ensure that the dignity and human rights of every
patient confined in psychiatric and related institutions is
respected.
14.
The
Committee expresses concern that confinement in psychiatric hospitals can be
based on mere “signs of mental illness”. It regrets that court reviews of
admissions to psychiatric institutions do not sufficiently ensure respect for
the views of the patient and that guardianship is sometimes assigned to
attorneys who do not meet the patient. (art. 9 and 16)
The
State Party should ensure that no medically unnecessary psychiatric confinement
takes place, that all persons without full legal capacity are placed under
guardianship that genuinely represents and defends the wishes and interest of
those persons, and that an effective judicial
review of the lawfulness of the admission and detention of such person in
health institutions takes place in each case.
15.
The
Committee notes with concern that, according to Section 125 of the Foreigners
Act, a foreigner awaiting deportation who is under the age of 18 may be detained
for up to 90 days. (arts.10 and 24)
The State Party should reduce the period of
detention for foreigners awaiting deportation who are under the age of 18,
bearing in mind its obligation under article 24 of the Covent to take measures
for the protection of children without discrimination.
16.
The
Committee regrets that the State party has not so far adopted an
anti-discrimination bill. It remains concerned that, despite the adoption of
relevant programmes, discrimination against Roma continues to persist in
practice, including in the areas of labour, access to employment, health care
and education. The Committee is concerned at discrimination faced by Roma in
access to housing, as well as the persistence of discriminatory evictions and
the continued existence of de-facto “ghettos”. (arts.2, 26 and
27)
The State Party should take effective
measures to combat discrimination. In particular, it should:
a) enact comprehensive anti-discrimination
legislation that ensures effective protection for the victims of racial and
related discrimination in all areas and related policies and programmes;
b) Provide legal aid for victims of
discrimination;
c) institute effective monitoring mechanisms
and adopt indicators and benchmarks to determine whether relevant
anti-discrimination goals have been reached;
d) provide additional training to Roma to
equip them for suitable employment and to promote employment opportunities;
e) prevent unjustified evictions and
dismantle segregation of Roma communities in housing;
f) conduct campaigns of public information to
overcome prejudice against the Roma.
17.
While
acknowledging the elimination of the category of “special schools”, the
Committee remains concerned that a disproportionately large number of Roma
children attend classes with distinct curricula, which appears to lack
sensitivity for the cultural identity of, and specific difficulties faced by,
Roma children. The Committee is also concerned at reports that a
disproportionaly high number of Roma children are removed from their families
and placed in social care institutions. (arts. 24, 26 and
27)
The State party should carry out an
assessment of the specific educational needs of the Roma, taking account of
their cultural identity, and develop programs aimed at ending the segregation of
Roma in schools. The State party
should further ensure that Roma children are not deprived of their right to
family life.
18.
The
Committee is concerned about reports that non-citizens living in the State Party
suffer from discrimination, face a wide range of difficulties with regard to
their integration into Czech society, and frequently lack information about
their rights. (art. 26)
The
State Party should establish mechanisms to remove obstacles to the practical
enjoyment of the rights guaranteed by the Covenant to non-citizens living in the
Czech Republic. It should take effective measures to promote equality of
non-citizens and citizens under the Covenant, including by providing
non-citizens with information, in a language that they understand, on the rights
and services which they are entitled to enjoy.
19. The Committee regrets that the State party lacks a framework and programme to promote knowledge of the Covenant and the Optional Protocol among its population. (art.2)
The State Party should consider
adopting a comprehensive plan of action for human rights education including
elements, of training activities for public officials, teachers, judges, lawyers
and police officers on the rights protected under the Covenant and the Optional
Protocol.
20.
The
Committee sets 1 August 2011 as the date for the submission of the third
periodic report of the Czech Republic. It requests that the State Party’s second
periodic report and the present concluding observations be disseminated to
the general public as well as to the judicial, legislative and administrative
authorities. Hard
copies of those documents should be distributed to universities, public
libraries, the Parliamentary library, and all other relevant places.
It
also requests that the third periodic report and these concluding observations
be distributed to civil society and to non-governmental organizations operating
in the country. It would be desirable to distribute a summary of the report and
the Concluding Observations to the Roma community, in the Roma
language.
21.
In
accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the
State Party should submit within one year information on the follow-up given to
the Committee’s recommendations in paragraphs 9, 14 and 16 above. The Committee
requests the State Party to include in its next periodic report information on
its remaining recommendations and on the implementation of the Covenant as a
whole.