A/HRC/15/4 39. Regarding the events of 28 September 2009, the delegation stated that the Deputy Prosecutor of the International Criminal Court had visited Conakry and toured the country in the aftermath of the massacres. The Court had decided that crimes committed during that period could be defined as crimes against humanity and had given the Guinean authorities sixth month to initiate legal procedures for the determination of facts and cases. 40. The death penalty has been part of the Criminal Code since Guinea’s independence in 1958. A de facto moratorium was declared in 2002, and debates on the total abolition of death penalty – in particular on how the issue should be approached by society at large -resurfaced in 2009. 41. The delegation also referred to the creation of a favourable context for the holding of the elections in June 2010. The deployment of observers from international organizations and the establishment of a national independent council would play a crucial role in monitoring the fairness of the electoral process. With regard to freedom of the press, the establishment of a new body -- the High Authority on Communications -- with a substantive mandate would help to eliminate negative effects and attitudes against media freedom. Finally, security and defence forces would be restructured under the supervision of the United Nations. 42. Spain highlighted Guinea’s commitment to and cooperation with the Commission of Inquiry established by the Secretary-General to investigate the events of September 2009. It welcomed Guinea’s decision to sign a country-office agreement with OHCHR. Noting that Guinea had subscribed to a number of international human rights instruments, Spain emphasized that further efforts to implement obligations undertaken would be appropriate. It highlighted the fact that the death penalty was not applied to minors. It made recommendations. 43. Switzerland welcomed the appointment of the transitional Government and urged it to make every effort to return to democratic standards, towards which the upcoming elections constituted a key stage. Switzerland made reference to impunity, the harassment of journalists and freedom of expression. It made recommendations. 44. China commended Guinea for its efforts to prevent and treat diseases, improve health care and increase school enrolment and agricultural activities so as to realize the right to food, health and education. It noted the difficulties and challenges faced by Guinea as a developing country. It called on the international community to continue to provide the necessary resources and technical support. It made recommendations. 45. Chad noted with satisfaction that Guinea was a party to various international and regional human rights instruments and wished Guinea a full political recovery following the events of 28 September 2009. Chad made recommendations. 46. The United Kingdom of Great Britain and Northern Ireland welcomed the progress made by the transitional Government towards a return to civilian democracy through the elections to be held on 27 June 2010. However, it remained concerned about the serious human rights violations that had occurred in Conakry on 28 September 2009. It stated that those responsible must be held to account, and it welcomed the statement of the International Criminal Court that it would investigate if Guinea’s authorities did not. It encouraged Guinea to support the establishment of an OHCHR office and urged it to submit outstanding reports to the Human Rights Committee. It made recommendations. 47. Mexico recognized and encouraged Guinea’s cooperation with OHCHR, which had strengthened its institutional framework. It highlighted Guinea’s efforts in welcoming refugees. Mexico was aware of the challenges faces by Guinea, particularly in the context of political instability. It urged the implementation of the Joint Declaration of Ouagadougou of 15 January 2010 in order to make the transition towards democracy and rule of law, 8