INTER.PARLIAM ENTARYUNION

Third Gommittee the GeneralAssembly of Agendaitems67b (humanrightsquestions), and 67c (humanrightssituations)

presentedby Ambassador Statement Anda Filip Permanent Observer

United Nations New York, 30 October 2006
Gheck aqainst deliverv

Mr. Chairman. The independence and impartiality the judiciaryand respectfor fair trial guarantees of are essentialingredients democratic government, of which is based upon the principle of separation powersand the systemof checksand balancesit implies. The relationship of between parliamentsand the judiciary is not always easy. The experienceof the - the IPU body mandated look Committee the Human Rightsof Parliamentarians on to - amply demonstrates into human rightsviolations membersof parliament of that asking questionsabout the functioning the judiciaryand the justice system in general, of denouncingabuses in a particular case, is very often considered undue interference an with the independence the judiciary. of The annual seminar for members of parliamentary human rights bodies, held in September at IPU Headquartersin Geneva, dealt preciselywith this problem: what exactlyis the role of parliaments and their membersin ensuringdue administration of justice? This question has taken on particularimportancein the context of the fight againstterrorismand the very seriousrisk of an erosionof the most fundamental human rightsguarantees that it entails. The first question the seminar addressedwas thereforethe problem of torture. In the past years, the absolute prohibitionof torture has been more and more called into question and practices have been put into place by some States which actually circumventit. States have indeed introducedlegislation which allows some measureof torture for the sake of security. The seminar clearly stated that such practices are unacceptable. parliaments lf are to protectdemocracy,they need to guaranteerespect for certainnon-negotiable principles, one of which is the prohibition iorture,just as the of absoluteprohibition slaveryis a principle of which no-onetoday would call into question. Torture should be definedas a crime in the criminalcodes of all countries,appropriate punishmentshould be meted out to torturersand those who order it, and testimony obtained under duress should not be used as evidencein court. Participants also stressed that a well-trainedpolice force does not need to resort to torture to obtain information and that parliaments should ensure that resources are provided for appropriate training the police.Participants of also calledon all parliaments which have not yet done so to ratifythe Convention againstTortureand its OptionalProtocolwhich providesfor visitingmechanisms detentioncentres. to Detentionand imprisonment another importantissue in this context. Participants is agreed that detaineesand prisonersretainall human rights,except their right to liberty, and that the primarypurposeof punishment shouldbe rehabilitation. Unfortunately, the conditions detention of and imprisonment the majority countries in of are such that this objectiveis difficultto obtain. Overcrowding a enormousproblemand the practiceof is privatising prison has not been seen by participants a viablealternative. as Prisonsare an integralpart of the criminaljustice system,they argued, and it is thereforethe sole responsibility the State to enforceprisonsentences.More generally, of the IPU meeting encouraged parliaments followthe practice an increasing all to of numberof parliaments to visit detentioncentres and prisons.Such visits can indeed make a differenceand, preventtortureand other cruel,inhumanand degradingtreatment. most importantly, The practiceof administrative detention a phenomenon is which is being increasingly resorted to by States to tackle the problem of migration.Receiving States tend to consider asylum seekers and migrants,especiallywhen they come from certain

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countries,as criminalsor potentialcriminalsand treat them accordingly. The result of current immigration policies is all too often that those who are most needy and vulnerable being the ones who are the least assisted. The problem is such that participants suggested the holdingof a seminaron precisely this topic. Mr. Chairman, The fight againstterrorism has not only resulted questioning absolute prohibition in the of torture,but also in the erosionof essentialfairtrial guarantees, enshrined Article14 in of the International Covenanton Civil and PoliticalRights.The seminar clearly stated that crucial rights such as habeas corpus cannot be derogated from under any circumstances, that only very limited exceptionsare permittedto the right to a public hearingand that defendantsand their counselmust be treatedon a equal footing with the prosecution; they must be entitledto questionthe sourceand the significance the of evidence heldagainstthem. judiciary ensurethat justiceis done and seen to be Of course,only an independent will done. However,all too often the judiciary is subservient the executivebranch and to corruptionis a widespreadphenomenon. The reasonsfor such corruption are manifold: inadequate training,poor salariesand the fear of the executive are some of them. Parliaments cannotstand by and do nothingunderthe pretextthat there is separation of powers, when in fact their role is crucial to ensure an independentand impartial judiciary,as well as respect for and implementation fair trial guarantees.The IPU of meetingstronglyinsistedon this duty and on the constitutional powersparliaments have in a democraticState to fulfil it. In their conclusions, participants stated thereforethe following " As legislators,we must build the required legal framework rooted in international and regionalhuman rights standards[...] However,laws alone do not suffice. The best law is worth no more than the paper it is written on if it is not implemented. Our oversightfunctionallowsus to ensurethat laws are enforcedand that our justicesystemsput the relevant international regional and humanrightsstandards in the field of justice into practicaleffect. We have the power to set up commissionsof inquiry to look into systemic failures in the justice systems. We have the power to publiclyquestion the executiveand administrative authoritiesif we fear that there is abuse of due process of law in a particularcase. The principleof the separationof powers is a system of checks and balances,and our duty is to ensure that the laws which we adopt meet the requirements international of human rights law and that they are properly implemented." Thankyou.