A/HRC/19/57
that the right to freedom of assembly must be exercised without violence leading to public
disorder.
12.
The Government of Indonesia submitted additional information concerning Working
Group’s Opinion No. 48/2011 (Indonesia). It stated that all stages of the legal proceedings
had been exhausted in the case of Mr. Karma, from the District to the Constitutional Court.
The sentence against him, according to the Government, is justified and proportionate and
can be carried out by the Government for the sake of the broader national security of
Indonesians throughout the archipelago. Mr. Karma enjoys access to health facilities and
the right to receive visits from his attorney and his relatives.
13.
The source reported that Mr. Haytham Al-Maleh, the subject of Opinion No.
27/2010 (Syrian Arab Republic), was released on 8 March 2011, and that Messrs. Mustafa,
Saleh and Ahmad, the subjects of Opinion No. 1/2011 (Syrian Arab Republic), were
released on 17 May 2011.
14.
The source also reported that Mr. Al Chibani, who had been the subject of Opinion
No. 6/2011 (Libya), was released on 15 September 2011.
15.
Further, information was received from the source that Mr. Al Karoui, the subject of
Opinion No. 45/2011 (Saudi Arabia) was released on 7 November 2011.
16.
The source reported that Mr. González, one of the five persons subject of Opinion
No. 19/2005 (United States of America), was released on 7 October 2011, after having
served his sentence. However, he is to remain in the territory of the United States of
America for another three year period under the regime of conditional liberty pursuant to a
decision by Judge of the South District of Florida.
17.
The source reported that Mr. Ziad Wasef Ramadan, a witness in the Hariri murder
investigations, and subject of the Working Group’s Opinion No. 24/2010 (Syrian Arab
Republic), was sentenced to six years’ imprisonment.
4.
Requests for review
18.
By letter of 22 August 2011, the Government of Switzerland reacted to Opinion No.
4/2011 (Switzerland) adopted on 3 May 2011 and concerning Mr. Yambala. The
Government requested the Group to review its Opinion. Mr. Yambala is at the prison of the
airport of Zurich Kloten where he has been held since 25 March 2010, with the view to his
expulsion. According to the Government, the maximum delay of 18 months in detention
has not been exceeded. Mr. Yambala has had the possibility to exit Switzerland on several
occasions had he cooperated with the authorities, in particular regarding the verification of
his citizenship. The modalities of the application of the measures of detention taken against
Mr. Yambala are in conformity with the Swiss law and comply with the requirements of
necessity and proportionality.
19.
At its sixty-first and sixty-second sessions, the Working Group examined the request
for review from the Government of Switzerland in accordance with paragraph 21 of its
methods of work. The Working Group held that the Government did not submit new facts
which were not known to it at the time of adoption of its Opinion. The Working Group
decided to maintain the text of its Opinion as originally adopted.
20.
The Working Group acknowledges receipt of the response of the Government of
Qatar to the case of Mr. Mohamed Farouk Ghareeb Al Mahdi (Opinion No. 25/2010). The
Working Group considered that the response was received outside the deadline granted and
decided to maintain the text of its opinion as adopted on 19 November 2010. The Working
Group notes that Mr. Al Mahdi was released on 14 September 2010.
11
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