A/HRC/13/30
of 8 to 13 July 2007.17 It noted that, in order to protect freedom of opinion and expression,
the registration of political parties, non-governmental organizations and other civil society
organizations had been facilitated and the corresponding legal procedures simplified. A
new Organic Law on the Judiciary was adopted by parliament in May 2009 to protect and
improve its independence and to allow for the development of academic and professional
competencies and skills to gain access to and obtain promotions within the judiciary. The
Superior Council of the Judiciary had been strengthened. The Organic Law also established
the institution of the “Judge on Execution of Sentences” to improve prison conditions and
the legal situation of prisoners. A new Penal Code had been drafted, in conformity with the
principles and norms enshrined in the Fundamental Law (Constitution). The Government
had also decided to amend the Penal Procedure Code, the Military Penal Code and the
Minors Act and to draft a new Law on the Constitutional Court. The publication of laws
and decrees in the Official State Bulletin had been strengthened through the allocation of
new national budget resources.
44.
A new Institute of Judicial Practice had been established as an autonomous entity of
public law to improve the training and skills of all those participating in the judicial
process. The public prisons of Bata, Evinayong and Malabo had been rebuilt or refurbished
and new central police stations in Bata and Malabo had been built. Detention centres for
minors were being built in Evinayong and in the Riaba District. The national budget
resources allocated to prisoners and detainees had increased in 2008–2009 by 700 per cent.
Mr. Juan Ondo Abaga, whose detention and possible enforced disappearance had been
considered by the Working Group, had been granted a presidential pardon and released.
3.
Future country missions
45.
The Working Group reiterates its concern in relation to the limitation on the number
and length of the visits it is able to conduct each year. Two country visits per year, each
limited to a maximum of eight working days, as in 2009, are insufficient for an adequate
discharge of the mandate. The Working Group conducted three visits in 2004, two in 2005,
four in 2006, three in 2007, and four in 2008. Country visits are of great importance to the
victims of arbitrary detention.
46.
To verify implementation of its recommendations, the Working Group should also
be in a position to undertake follow-up visits. They are essential to the mandate, as they are
the only means of assessing and monitoring in situ the situation of personal liberty in
various countries.
47.
The Working Group reiterates its call to the Human Rights Council to take into
account the fact that it comprises five members. To best make use of its potential and
enable it to discharge its mandate more effectively, the Human Rights Council is requested
to provide additional funds for the Working Group to be able to conduct at least five
country visits per year and relevant follow-up visits within an appropriate time frame.
C.
Other activities
Detention of drug users
48.
At its fifty-fourth session, the Working Group decided to globally study in more
detail the issue of detention of drug users. To prepare a more systematic thematic
consideration of the issue, on 15 June 2009 it addressed a questionnaire to all Member
States for response by 14 August 2009.
17
GE.10-10294
A/HRC/7/4/Add.3.
15
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