PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT : INFORMATION PRESENTED BY THE PUBLIC DEFENDER OF GEORGIA : NOTE / BY THE SECRETARIAT
In the pursuit of sustainability of the protection of human rights of persons
deprived of their liberty and prevention of reoccurrence of human rights violations, the
National Preventive Mechanism1 responsible for contributing to the prevention of torture
1 Since 2009, Public Defender of Georgia exercises the functions of the National Preventive
Mechanism, envisaged by the Optional Protocol to the United Nations Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment.
(...) However, while exercising its functions, National Preventive Mechanism faces several
obstacles that Public Defender of Georgia would like to highlight. (...) The use of camera is seen very
important for the purposes of documenting bodily injuries as envisaged by the
Istanbul Protocol, Manual on Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman and Degrading Treatment or Punishment.
WRITTEN SUBMISSION BY THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
The State Penitentiary Service of Ukraine shall not create obstacles for effective
performance of the NPM functions. In particular, the NPM personnel shall have unobstructed
access to institutions in the jurisdiction of the State Penitentiary Service of Ukraine.
26. (...) There are regulations in Ukraine governing the registration of bodily injuries by medical
personnel and facilities of the State Penitentiary Service of Ukraine, and prescribing the
procedure for notification of appropriate agencies for investigation of possible effects of cruel
treatment of detainees and convicts. However, in the course of monitoring visits, the NPM
personnel has found multiple occasions of:
GE.15-15164 (C) 10/24
failure to record bodily injuries in the respective documents;
medical examination and description of bodily injuries by a medical professional for form’s
failure to provide detainees and convicts with certificates regarding bodily injuries found
during medical examination as required by the current law.
2.6 On recommendation 97.100
REPORT OF THE SPECIAL RAPPORTEUR ON TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, JUAN E. MENDEZ : ADDENDUM
document bodily injuries (article 23 of the Law on Procedure and Conditions of the
Detention of Persons Suspected or Accused of a Crime in Custody). (...) The
Special Rapporteur observes that, despite the fact that prosecutors have regained
investigating functions over the crimes of torture and other ill-treatment, they lack real
investigatory powers, depend on the police to conduct searches and seizures, and do not
have their own operative groups or their own criminologists.
31. (...) Of 151 deaths in 2007, five were
caused by bodily injuries; in 2010, there were only two deaths of pretrial detainees caused
by bodily injuries out of 90; and in the first 11 months of 2011, of 81 deaths, five were
caused by bodily injuries: one in the pretrial period, and four post-conviction.
REPORT OF THE WORKING GROUP ON THE USE OF MERCENARIES AS A MEANS OF VIOLATING HUMAN RIGHTS AND IMPEDING THE EXERCISE OF THE RIGHT OF PEOPLES TO SELF-DETERMINATION : ADDENDUM
The Procedure lists the activities that private security companies are not allowed to
perform (art. 6: Illicit activities), the composition and functions of the High Coordination
Board (arts. 8–10), responsible for issuing licences and monitoring compliance of PMSCs,
the conditions for applying for an operational licence (arts. 11–17) and conditions of
employment (art. 18). (...) The Working Group recommends the adoption of a broader definition
of PMSCs in the draft law which would include all military and security services in order to avoid
situations where some companies could argue that the legislation does not apply to them.
29 The regulation adopted by the Government defines security companies as “a profit making, non-
political and non-governmental company that functions according to the provisions of this procedure
to establish security of natural and real persons”.
30 The Nation, Aram Roston, “How the US funds the Taliban”, 11 November 2009, www.thenation.com
(...) A representative of UNAMA (or an independent international expert) with an
advisory function could be included for the purpose of increasing transparency.
VISIT TO BULGARIA :REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES
In the Criminal Code, bodily harm is further categorized according to the level of
severity as severe, average and light (arts. 128–135). (...) Article 161 regulates the cases in which criminal prosecution is
initiated upon complaint of the victim, namely for light and medium bodily harm.
Paragraph 2 of the same article, amended in February 2019, provides that for average
bodily harm caused to an ascendant, descendant, spouse, brother or sister, the prosecution is
7 Criminal Code, art. 93 (31).
8 Information provided by the Office of the Prosecutor.
coordinator of the national mechanism for referral and support of victims of trafficking and
also functions as the equivalent mechanism of a national rapporteur.
REPORT OF THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS DEFENDERS, MARGARET SEKAGGYA : ADDENDUM
PCM-027-2011 on the Law of the Organization, Functions and Competences of
the Executive Power
20. (...) PCM-027-2011 on the Law of the Organization, Functions and
Competences of the Executive Power (Reglamento de Organización, Funcionamiento y
Competencias del Poder Ejecutivo) establishes in its article 87-D and E the Ministry of
Justice and Human Rights, and specifies its functions.
(...) The Deputy Minister for Defence pointed out that the military was entrusted with
autonomous functions in public order enforcement, in accordance with a constitutional
amendment passed in November 2011.
REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHTS TO FREEDOM OF PEACEFUL ASSEMBLY AND OF ASSOCIATION ON HIS MISSION TO CHILE : NOTE / BY THE SECRETARIAT
Firearms are permitted only under exceptional circumstances, when there is an
immediate threat to the life of or grave bodily injuries to a police officer or another person
(self-defence). (...) According
to the head of police in Temuco, since he took up his functions in December 2013, the city
has not witnessed any incident relating to Mapuche protests. (...) The police force maintained the police officer in his functions until
January 2013 when he was dismissed following repeated criticism from civil society.
ANNUAL REPORT OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS : ADDENDUM
Under the agreement, the functions of OHCHR-Guatemala
are to monitor the human rights situation and provide advice to State institutions and civil
society. (...) A/HRC/25/19/Add.1
the San Rafael mine was charged with bodily injury and obstruction of justice during an
attack by the company’s private security guards against a group of demonstrators (see
para. 63 below). In July, the Superior Court of Ontario, Canada agreed to hear three cases
against HudBay Minerals for homicide, bodily injury and sexual violence allegedly
committed by security personnel in El Estor, Izabal.
REPORT OF THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES ON HER MISSION TO SOUTH AFRICA :NOTE / BY THE SECRETARIAT
It was also concerned
about the persistence of stigma against persons based on their real or perceived sexual or
gender orientation, gender identity or bodily diversity, and that such persons were subject to
harassment, acts of discrimination and sexual and physical violence (CCPR/C/ZAF/CO/1,
19 See G. (...) While women’s rights are protected by
the Bill, including the rights to life, human dignity, freedom and security (including being
free from all forms of violence from public or private sources) and bodily and
psychological integrity, they receive specific protection in section 9, entitled “Equality”.
(...) The parliamentary Portfolio Committees exercise oversight functions by requesting
government departments to account for measures undertaken in relevant fields, including
by requesting a report on the implementation of legislation, conducting monitoring visits
and holding public hearings.
REPORT OF THE WORKING GROUP ON THE UNIVERSAL PERIODIC REVIEW :CROATIA : ADDENDUM
The CC prescribes certain criminal offences where the motive “out of hatred” is integral
part of the legal description of the criminal offence (such as, for example Aggravated Murder, Bodily
Injury, Serious Bodily Injury…) and a more severe punishment is explicitly prescribed by the CC. (...) By Act on Amendments to the
Criminal Code (2019) a number of criminal offences containing the motive “out of hatred” had their
prescribed sentences made stricter (for example Bodily Injury, Serious Bodily Injury). More strict
sentences were also prescribed for criminal offences Domestic Violence (Article 179a), Rape (Article
153), Sexual Harassment (Article 156), Lewd Acts (Article 155), Serious Criminal Offences against
Sexual Freedom (Article 154). Also, the concept of the criminal offence Rape was changed in a way
that any non-consensual sexual intercourse or sexual act equated with it shall be considered a criminal
offense of Rape, even when there is no use of force or threat to the life and body of the raped or other
7 It is provided by prescribing a range of criminal offences, such as: Stalking (Article 140), Bodily Injury
(Article 117), Serious Bodily Injury (Article 118) and Particularly Serious Bodily Injury (Article 119).