A/HRC/32/22
at improving transparency in public management and included citizen participation. The
observatory had developed indicators for measuring good governance, including anticorruption measures.
Cuba
23.
The Government of Cuba underlined the importance of the United Nations
Convention against Corruption, the Conference of the States Parties, the review mechanism
and the intergovernmental working groups for the prevention and suppression of
corruption. Cuba undertook numerous education and awareness-raising activities for all
actors of society on the importance of combating corruption, which also contributed to the
realization and enjoyment of human rights. The Government also drew attention to the
importance of civil society organizations in the review of the implementation of the
Convention.
24.
Global structural causes made it impossible to eradicate corruption at the national
level alone. Increased cooperation from developed countries was therefore necessary to
ensure the effective implementation of the Convention, in particular the return of assets to
developing countries, which would contribute to sustainable development and the
realization of the rights of the peoples in those countries.
Estonia
25.
Estonia has integrated a human rights perspective into the preventive measures of its
anti-corruption strategy. The Government referred to corruption in the heath sector, which
could lead to a violation of the right to health. Consequently, the anti-corruption strategy
provided for increasing transparency in the health-care sector as a preventive measure.
More generally, however, the Government was of the view that not only preventive but also
all anti-corruption measures indirectly addressed the negative impact of corruption on the
enjoyment of human rights; therefore, all anti-corruption measures and activities implicitly
incorporated human rights considerations.
26.
In Estonia, the only corruption cases where human rights played a determining role
were criminal proceedings where human rights violations were alleged, such as in the
context of surveillance activities.
27.
The Government described recent amendments to the Penal Code with regard to
some corruption offences to make regulation more efficient and clear. Bribery of public
officials and in the private sector became two separate offences and the distinction between
“gratuity” and “bribe” was removed.
28.
Anonymity was granted to reporting persons to ensure their protection. The
Government had set up a special e-mail address and hotline for reporting.
29.
Evidence gathered through surveillance activities was inadmissible in court if the
process violated the ultima ratio principle. Surveillance activities were permitted only on
the basis of the Code of Criminal Procedure if it was impossible to collect data otherwise or
in time, or if the collection was especially complicated or damaged the interests of the
criminal proceedings.
30.
The confiscation of proceeds of corruption was possible only in accordance with the
provisions of the Penal Code. The Government also shared information on the country’s
legislative and practical framework for the protection of witnesses, their family members
and whistle-blowers.
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