A/HRC/45/16
(a)
Repealing or amending laws or regulations that are found to be in breach of
international obligations, or in the absence of relevant legal provisions, adopting laws or
regulations prohibiting the arbitrary deprivation of liberty; 34
(b)
Introducing legal and administrative amendments to prevent the arbitrary
deprivation of liberty and to facilitate the use of effective remedies against it; 35
(c)
Educating all sectors of society to respect international human rights and
humanitarian law;
(d)
Ensuring ongoing training of public law enforcement officers and, inter alia,
members of the armed forces and security forces, medical personnel, public defenders, guards
and custody officers;36
(e)
conflicts;
Promoting mechanisms aimed at preventing, monitoring and solving social
(f)
Clarifying the obligation of the judiciary to implement international human
rights obligations in its adjudicative work; 37
(g)
Introducing measures to improve the registry of detained persons; 38
(h)
Improving physical training and the sanitary and other conditions in
imprisonment and detention centres;39
(i)
Requiring amendments to the selection of legal defenders to guarantee their
suitability and technical capability. 40
17.
In its jurisprudence, the Working Group has adopted a similar approach, and often
requests in the concluding paragraphs of its opinions that the State in question amend or
repeal certain laws and provisions that are inconsistent with its obligations under the
Covenant and/or the Universal Declaration of Human Rights. 41
[Adopted on 22 November 2019]
34
35
36
37
38
39
40
41
(CCPR/C/121/D/2764/2016), Hugo van Alphen v. Netherlands (CCPR/C/39/D/305/1988), Teofila
Casafranca de Gomez v. Peru (CCPR/C/78/D/981/2001), Arshidin Israi v. Kazakhstan
(CCPR/C/103/D/2024/2011), F.K.A.G. et al. V. Australia (CCPR/C/108/D/2094/2011), Fongum
Gorji-Dinka v. Cameroon (CCPR/C/83/D/1134/2002) and Yan Melnikov v. Belarus
(CCPR/C/120/D/2147/2012).
CCPR/C/158, para. 13. See Inter-American Court of Human Rights, Norín and others v. Chile (2014),
Chaparro Álvarez and Lapo Íñiguez v. Ecuador (2007) and Cabrera García and Montiel Flores v.
México (2010); and Human Rights Committee, F.K.A.G. et al. v. Australia
(CCPR/C/108/D/2094/2011).
See European Court of Human Rights, N. v. Romania (Application no. 59152/08) and Garayev v.
Azerbaijan (Application no. 53688/08). See also African Court on Human and Peoples’ Rights (App.
No. 003/2012), Peter Joseph Chacha v. United Republic of Tanzania.
See Inter-American Court of Human Rights, Chaparro Álvarez and Lapo Íñiguez v. Ecuador (2007),
Cabrera García and Montiel Flores v. México (2010), Yarce and otras v. Colombia (2016), López
Álvarez v. Honduras (2006) and Ruano Torres and others v. El Salvador (2015). See also African
Commission on Human and Peoples’ Rights (communication No. 339/2007), Patrick Okiring and
Agupio Samson (represented by Human Rights Network and ISIS-WICCE) v. Republic of Uganda.
Inter-American Court of Human Rights, Norín and others v. Chile (2014).
Ibid., Cabrera García and Montiel Flores v. México (2010).
Ibid., López Álvarez v. Honduras (2006).
Inter-American Court of Human Rights, Ruano Torres and others v. El Salvador (2015).
See for example opinions No. 48/2016, para. 62, No. 14/2017, para. 64, No. 82/2017, para. 50 and
No. 73/2018, para. 77. This includes requests for amendments to constitutional provisions found to be
at variance with international law (see for example opinion No. 1/2018, para. 65).
33
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