A/HRC/14/37 2. Views expressed by Member and observer States of the Council on the review outcome 541. The United States of America welcomed Madagascar’s acceptance of its recommendation to define torture in its domestic legislation and to make it an offence with specific sanctions, consistent with its obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It also welcomed the acceptance of its recommendation to enforce the law on human trafficking. It encouraged Madagascar to accept the recommendations to restart the four-party Maputo process talks, with the goal of establishing an inclusive transitional Government that would prepare the country for free and fair elections and a return to democratic and constitutional rule; to put in place the transitional institutions described in the Maputo agreement and hold credible elections leading to the restoration of democracy and the rule of law; and to open a credible and independent process for investigating the deaths and the events surrounding the March 2009 military coup. 542. Norway repeated its call for the establishment of the transitional institutions described in the Maputo agreement and the holding of credible elections, leading to the restoration of democracy. Norway would continue to follow the status of freedom of speech and freedom of the media, stressing that the media were crucial for ensuring freedom of expression. It regretted the fact that a number of journalists had been jailed the previous month, recalling that Norway’s recommendation regarding the freedom of the media had been accepted by Madagascar in February 2010. It considered these arrests to be inconsistent with that acceptance. While acknowledging the action taken to reinstate a ban on rosewood logging, Norway remained concerned about the lack of a practical impact on the ongoing unchecked plunder of the biological treasures of Madagascar. It considered that the universal periodic review recommendations, if implemented, would pave the way for progress, peace and security in Madagascar. 3. General comments made by other relevant stakeholders 543. Amnesty International welcomed Madagascar’s support for the recommendation to release political detainees, to cease arbitrary detention and to ensure a fair trial for those who were detained, and urged the Government to ensure its prompt implementation. It was essential that Madagascar give effect to the important recommendation to open an independent inquiry into the deaths and the excessive use of force during the peaceful demonstrations held in 2009. Journalists and media outlets had been targeted both under President Ravalomanana and since the High Transitional Authority came to power in March 2009. It therefore called on Madagascar to swiftly implement the recommendations to guarantee freedom of expression and assembly and to ensure that no one was arrested for exercising those rights. Since Madagascar had not yet abolished the death penalty in law or ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, despite their de facto moratorium on executions, it also called on Madagascar to introduce a de jure moratorium on executions and to abolish the death penalty. 544. The Indian Movement “Tupaj Amaru” stated that Madagascar was experiencing a political crisis, which was having unprecedented and dramatic consequences for its people. Approximately 500,000 people had become unemployed since the beginning of the crisis. Unfortunately, the de facto authority was defying the international community and focusing on a unilateral agenda. Since 26 January 2009, several hundred people had been killed, disappeared or been victims of arbitrary arrest. Recently, FIS, the political police of the de facto authority, which has no legal status, had stepped up arbitrary arrests, persecution of political personalities, religious figures, soldiers and journalists. It called on the States Members of the United Nations to support solutions and to align themselves with the resolutions of the African Union. It called for the unconditional release of political GE.12-17781 129

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