A/HRC/16/26
disregard for procedural rules pertaining to the handling of evidence, the basis for initiating
prosecutions, prior access by defence lawyers to their clients’ files and the independence of
the judges. Judges seemed reluctant to order the provisional release of detainees but, at the
same time, appeared to readily reject defence claims of police brutality and illegal pretrial
detention.
36.
OHCHR-Guinea visited several places of detention and is particularly concerned
about the large number of people who are currently being held in prolonged pretrial
detention. Many of those arrested in connection with the political protests in September,
October and November 2010 were released and only a few of them were charged. Seven
army/military officers who have been detained since 31 March at Platoon No. III of the
Mobile Gendarmerie (Matam) in Conakry are yet to be charged in court and are not allowed
to meet with their lawyers or family members.
2.
National human rights institutions
37.
Guinea has not established an independent national human rights institution. In the
context of the political transition and with the support of OHCHR, the National Democracy
and Human Rights Monitoring Body (Observatoire national de la democratie et des droits
de l’homme) was established in 2008 and placed under the supervision of the Prime
Minister’s Office. However, the body remains understaffed, lacks financial resources and
has not been empowered to investigate human rights violations. The National Directorate
for the Protection of Human Rights and Fundamental Freedoms in the Ministry of Justice,
which is tasked to promote human rights throughout the country, faces similar challenges.
3.
Civil society organizations
38.
Human rights actors have not yet found an appropriate space to advocate for the
respect of human rights and bring human rights issues to the forefront of public debate.
This has been due to the reluctance of the authorities to address human rights issues and the
lack of knowledge of and education on human rights principles and mechanisms. Most
Guineans are unaware of their rights and are therefore unable to exercise them adequately.
Similarly, civil society and other human rights actors lack the capacity and confidence to
adopt robust strategies to promote human rights. Increasing the space for human rights
remains a major challenge for civil society organizations.
4.
Cooperation with international human rights mechanisms
39.
Guinea is party to the main international human rights treaties.2 However, it did not
ratify the First and Second Optional Protocols to the International Covenant on Civil and
Political Rights. It has not consistently complied with the reporting obligations and 13 State
party reports to 5 treaty bodies are currently overdue. Moreover, Guinea has not received a
visit by any special-procedure mandate holders of the Human Rights Council or issued a
standing invitation. A planned visit by the Special Rapporteur on extrajudicial, summary or
arbitrary executions in 2007 was postponed sine die.
40.
On 4 May 2010, Guinea was examined under the universal periodic review. Guinea
was represented by a delegation led by the Minister of Foreign Affairs. During the review,
36 delegations took the floor and expressed their appreciation of the Transitional
2
10
These include the International Covenant on Economic, Social and Cultural Rights; the International
Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms
of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against
Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Convention on the Rights of the Child.
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