harassment and abuse of opposition and human rights activists; restrictions on the right of political parties, trade unions, minorities, religious groups, and other to enjoy their freedom of association; excessive government interference in or control of the media, as well as control of necessary resources such as distribution systems and printing facilities; application of criminal penalties for insulting the State, its institutions; or policies; the existence of laws or proposed legislation which seem to inhibit rather than facilitate the exercise of freedom of thought, conscience, religion or belief; continued barriers to freedom of movement; and insufficient implementation of CSCE standards concerning conscientious objectors. Many speakers also condemned the rise of xenophobia and aggressive nationalism within the CSCE community. A number of national delegations offered constructive responses to concerns raised over the course of the implementation review, providing detailed descriptions of individual cases in question, updates on the status of draft legislation, and government initiatives planned or under way to address problem areas. It was noted in the course of SWB1's deliberations that the exchange of information, and the selfappraisals provided by some national delegations, facilitated and enhanced the discussion. Debates ensued over the question of freedom of expression. Some participants offered a so-called "absolutist" perspective, while others pointed to international standards that legitimise restrictions on freedom of expression, including national security, territorial integrity, public safety, protection from disorder and crime, protection of the rights of others, maintenance of official secrets, and maintenance of the impartiality of the judiciary. It w as suggested in the course of the implementation review, however, that legitimate restrictions risked exploitation or abuse. In view of the discussion, the following informal recommendation can be made: - The implementation of commitments regarding human rights and fundamental freedoms, without which there can be no genuine security, must be a subject of attention and concern not only at human dimension implementation meetings, but also as an integrated part of the CSCE's conflict prevention efforts. CLUSTER II Cluster II dealt with: Prevention of torture; Exchange of information on the question of the abolition of capital punishment; and International humanitarian law. Many participants expressed deep concern over the continued prevalence of torture in the CSCE community. It was recognised that democracy did not in and of itself bring an end to torture, and that an active and vigilant government role was necessary to ensure prevention. Participants reviewed international instruments concerning the prevention of torture, and recommendations were made that those States which had not acceded to the relevant conventions should do so. Some participants expressed the opinion that the CSCE had not thrown its full weight into the implementation of commitments regarding the prevention of torture. It was noted that the likelihood of torture increases when certain conditions prevail; these include the use of incommunicado detention, insufficient respect for the rule of law, and states of emergency. In the discussion, participating States were encouraged to intensify educational efforts towards the prevention of torture, to place limits on incommunicado detention, to ensure that prisoners have access to judicial authority, relatives, lawyers, and doctors, to ensure that abuses are independently and impartially investigated, and to adopt and enforce the necessary legal mechanisms for the punishment of torturers and the compensation of victims. The suggestion was made that shortcomings in this area of implementation qualified for use of the Moscow Mechanism. A number of delegations provided information with regard to the steps being taken in their countries to strengthen compliance with commitments in this area. These steps included amendments to criminal procedures legislation, the establishment of independent human rights organisations with investigative authority for alleged violations, accession to international instruments for the prevention of torture, and CSCE ODIHR BULLETIN Vol. 2, No. 1 40