A/HRC/4/102
page 13
43.
In Burundi, revision of the Criminal Code and harmonization of the Penal Procedure
Code was a subject of a workshop in December 2005 for magistrates, lawyers, law professors
and representatives of civil society organized by OHCHR.
44.
In Colombia, OHCHR participated in a public hearing organized by Colombia’s Senate
in February 2004, and working meetings on draft legislation entitled “Ley de Alternatividad
Penal”. Its observations led to modification of the draft. It also undertook an analysis of the
draft basic law for the Attorney-General’s Office, designed to assist the Attorney-General’s
Office to respond appropriately and in accordance with human rights standards to the new
accusatory system being adopted. In 2005, the office in Colombia also provided advisory
documents during the drafting and debate on the draft justice and peace law, with a view to
promoting victims’ rights and the principles of truth, justice and reparation.
45.
In Iraq, the work of the Sectoral Working Group on the Rule of Law, in which the
Human Rights Office of UNAMI participates, includes legislative reform. Since 2004, the
Human Rights Office in Baghdad engaged in consultations, with the Iraqi authorities, civil
society and international experts, aimed at coordinating a process leading to the establishment of
a National Centre for Missing and Disappeared Persons in Iraq. Those consultations produced a
draft law for the establishment of the National Centre, as well as a draft law for the protection of
mass graves.
46.
In Guatemala, in 2006 OHCHR provided advice to the Congress on human rights
standards applicable to prisons, which resulted in the adoption of a law by the Congress
incorporating almost in its entirety this normative framework. The field office also provided
advice to a committee established to draft a law on the establishment of a National Fact-Finding
Commission on Disappearances in 2006.
47.
In Nepal, in August 2006, OHCHR expressed concern and made recommendations
regarding the bill to amend the Army Act that would allow military courts, rather than civilian
courts, to exercise jurisdiction over Nepalese Army personnel who commit serious human rights
violations such as extrajudicial executions, enforced disappearance and torture. Concern was
expressed that the proposed law lacked provisions requiring the Nepalese Army to cooperate
with civilian authorities empowered to investigate military personnel who commit serious human
rights violations, and failed to safeguard the rights of defendants in court martial proceedings to
a fair trial.
48.
The office of OHCHR in Palestine participated in a series of workshops organized by the
Palestinian Independent Commission for Citizens’ Rights on a draft law for the judiciary, which
was adopted in September 2005.
Regulatory assistance
49.
In Colombia, in 2004, in addition to providing advice on the basic law on the
Attorney-General’s Office, OHCHR provided advice with regard to draft regulations on
examinations, as well as concerning draft regulations regarding the performance and evaluation
of prosecutors from the technical investigation unit. In 2005, OHCHR provided advice on the
Victim and Witness Protection Programme.
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