E/CN.4/1995/31/Add.4
page 20
it would seem paradoxical for them to be still in prison while almost all of
their leaders appear to have been released following the 1992 amnesty for
senior army officers of the former regime.
(b)
Secondly, the second "generation" which really consists of
political opponents without any direct links to the previous period, who have
been convicted, in some cases rightly and in others because of the ambiguity
of article 73 of the Penal Code concerning offences against national security,
without any distinction being drawn between the use or non-use of violence.
71.
From this standpoint, article 73 of the Penal Code seems incompatible
with articles 18, 19, 21 and 22 of the International Covenant on Civil and
Political Rights.
V.
RECOMMENDATIONS
72/73. In the light of the foregoing observations, comments and conclusions,
the Working Group makes the following recommendations:
A.
Short-term
Transparency in the administration of prison establishments
74.
Priority should be given to measures, already in effect in most
countries, to introduce greater transparency into the administration of prison
establishments. Most of such measures do not involve legislation and could
therefore be taken rapidly.
75.
A modernized prison administration must be able to provide, for example,
a list of places of detention (like that contained in the annex to this
report) and basic prison statistics, if only in the context of its
participation in, and contributions to, international seminars and meetings on
criminology and criminal sciences.
76.
Again with a view to transparency, relatives should, as in most
countries, be accorded visiting rights when such a measure is not, or is no
longer, likely to affect the conduct of the investigation.
Amendment of article 73 of the Penal Code
77.
With regard to the section of the Penal Code on offences against national
security, and in particular article 73, the Working Group suggests that
amendments be made to define clearly the conduct to be punished, so as to
indicate what is prohibited without any ambiguity.
B.
Medium-term
International conventions
78.
Ratification of the optional protocols to the International Covenant on
Civil and Political Rights.
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