REPORT OF THE WORKING GROUP ON ARBITRARY DETENTION : ADDENDUM
Concerns regarding overcrowding of prisons and excessive
duration of remand detention and of criminal trials .................... 24 - 37 9
D. (...) Concerns regarding overcrowding of prisons and excessive duration
of remand detention and of criminal trials
1. (...) Concerns regarding the right to an expeditious trial
35. Excessive delays in the administration of justice in Italy are a well-known problem.
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NOTE VERBALE DATED 2011/03/02 FROM THE PERMANENT MISSION OF JAMAICA ADDRESSED TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
Paragraph 77(f): Ensure prompt and thorough ex officio investigations for all allegations of
ill-treatment or excessive use of police force by an authority that is independent from the
investigation and prosecution. (...) The forensic examinations conducted during the mission should be used
as evidence in criminal trials against the perpetrators;
Allegations of ill treatment or excessive use of force by the police are investigated. (...) The government asserts that it does not regard a period of 4 years as excessive delay in a
case where a preliminary inquiry was held, a trial for murder was completed, a decision was
made to hold a new trial and the necessary procedures for this trial has to be put in place.
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REPORT OF THE SPECIAL RAPPORTEUR ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION, FRANK LA RUE : ADDENDUM
Moreover, he finds that making mere
possession of a publication which may incite violence or terror an offence punishable by
imprisonment is excessive.
20. The Special Rapporteur reiterates that any legislation which restricts the right to
freedom of expression must comply with the conditions set out in article 19, paragraph 3, of
the International Covenant on Civil and Political Rights: the law must be narrowly defined
and justified as being necessary and the least restrictive means to serve a legitimate aim.
(...) The Committee on Economic, Social and Cultural Rights has also expressed concern that
“excessive emphasis upon the State as a ‘Jewish State’ encourages discrimination and
accords a second-class status to its non-Jewish citizens” (E/C.12/1/Add.27, para. 10;
E/C.12/1/Add.90, para. 16).
44. (...) He would like to reiterate
his willingness to provide technical assistance in the reform process to bring the law into
conformity with international standards, and to establish a clear regulatory framework for
the media which would facilitate the work of journalists in Palestine and prevent any undue
or excessive interference with their work.
B. Defamation as a criminal offence
53.

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EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS : REPORT OF THE SPECIAL RAPPORTEUR, ASMA JAHANGIR, SUBMITTED PURSUANT TO COMMISSION ON HUMAN RIGHTS RESOLUTION 2003/53 : ADDENDUM
Over the years the Special Rapporteur had been made aware of a number of concerns with
regard to allegations of excessive use of force on the part of Jamaican security and police forces,
resulting in extrajudicial killings. (...) The case of Michael Gayle awoke Jamaican society to the excesses of the security forces in
the inner cities. (...) However, the information she received during her visit does
indicate that the police had indeed used excessive use of force. The Special Rapporteur also had
the opportunity to meet the mother of Patrick Genius during her visit.
40.
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VISIT TO ZIMBABWE : REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHTS TO FREEDOM OF PEACEFUL ASSEMBLY AND OF ASSOCIATION
The police, and later the national army, deployed to control
the chaotic situation used excessive force, which resulted in the deaths of six persons.
45. (...) According to multiple accounts relayed to the Special Rapporteur, the
security forces used excessive force, which included indiscriminate beatings, arrests, torture
and other forms of ill-treatment.
53. The Zimbabwe Human Rights Commission issued a monitoring report16 in the
aftermath of the stay-away, in which it concluded that at least eight persons had been killed
and many others had sustained multiple injuries as a result of the use of indiscriminate and
excessive use of force, including the firing of live ammunition.
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REPORT OF THE SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS, CHRISTOF HEYNS : ADDENDUM
Deaths resulting from excessive use of force ................................................. 8–20 4
B. (...) Deaths resulting from excessive use of force
8. The Special Rapporteur received a series of complaints regarding deaths resulting
from the excessive use of force by security officers with little adherence to the principles of
proportionality and necessity as defined under international human rights law standards.
(...) AFSPA provides wide-ranging powers to the Indian armed forces in respect of using
lethal force in various instances, and fails to provide safeguards in case of excessive use of
such powers, which eventually leads to numerous accounts of violations committed in areas
where AFSPA is applied.
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VISIT TO THE COMOROS : REPORT OF THE SPECIAL RAPPORTEUR ON TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
The Special Rapporteur received accounts of the excessive use of force by the
gendarmerie and the National Police Intervention Unit, primarily during the policing of
demonstrations. (...) Excessive use of force and intimidation and arbitrary arrest
30. (...) Lawyers informed the Special Rapporteur that they had tried to denounce the
excessive use of pretrial detention of accused persons who posed no real threat to public
order or a risk of collusion.
48.
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REPORT OF THE WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT ON ITS MISSION TO CANADA : NOTE / BY THE SECRETARIAT
The Working Group is concerned about excessive use of force and killings by the
police, especially in response to cases involving vulnerable people of African descent, who
are mentally ill or otherwise in crisis. (...) The Working Group is extremely concerned about the practice and excessive use of
segregation in correctional facilities, the absence of appropriate monitoring and the lack of
data on inmates’ race, mental health status and gender. (...) The
Ombudsman called on the Ministry of Community Safety and Correctional Services to
crack the pervasive code of silence under which some guards in Ontario correctional
institutions use excessive force against inmates and conspire to cover it up.
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REPORT OF THE SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS, CHRISTOF HEYNS :ADDENDUM
Deaths resulting from excessive use of force by security officers .................. 8–15 5
B. (...) During his visit to Turkey, the Special Rapporteur documented deaths resulting from
excessive use of force by security officers; unlawful deaths from counter-terrorism
operations; deaths in custody and in the context of the village guard system; and suspicious
suicides of military conscripts and law enforcement officials. (...) Incorrect or excessive use of “less-lethal” weapons has resulted in serious and
permanent disability of a number of civilians in Turkey.11 The Special Rapporteur
recommended that security officers receive further training on the principles of necessity
and proportionality, including on the appropriate use of methods other than lethal weapons
(ibid. para. 98).
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REPORT OF THE SPECIAL RAPPORTEUR ON EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS, CHRISTOF HEYNS :ADDENDUM
Deaths resulting from excessive use of force by security officers.................. 11–19 4
B. (...) Deaths resulting from excessive use of force by security officers
11. Deaths result from excessive use of force by security officers in the context of, inter
alia, demonstrations and arrest. (...) In cases surrounding misuse of
authority, such as excessive use of force by the police, lack of impartial investigations and
contamination of evidence were mentioned as a particular concern.
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