E/CN.4/1995/31/Add.4
page 19
recent law on the press, where the advances are partly offset by the continued
need for prior authorization to publish. Similarly, the development of
associative activities is in practice not closely enough linked with current
relaxation policy.
IV.
CONCLUSIONS
63.
The Working Group noted with interest the new policies embodied in the
new 1992 Constitution.
64.
However, it was of the view that there was a widening gap between the
rapid modernization of the economic system and the delay in acting on the new
Constitution’s guidelines on fundamental freedoms.
65.
In this regard, the Working Group is concerned at the lack of progress in
lifting de facto or de jure restrictions on freedom of opinion in all its
forms, both individual and collective. The Commission will remember that,
according to its methods of work, the Working Group is called upon to assess
the relationship between detention and the peaceful exercise of the freedom of
opinion, expression, assembly or association (cases of detention meeting the
criteria of category II, see "Method of Work", E/CN.4/1992/20, annex I).
66.
From another standpoint, the Working Group stresses, as the Human Rights
Committee has already done (A/45/40, para. 492), the importance of developing
associative activities; the Committee goes on to say that associations play a
primordial role in informing the population of its rights.
67.
Here, the Working Group is thinking not only of non-governmental human
rights organizations, but also of those whose purpose might be to help users
or consumers to become aware of their rights or to alert the public to the
importance of protecting the environment.
68.
Without such counterbalances, the booming market economy could work
against the general interest.
69.
With regard to the visit itself, the Working Group considers it
essential, in discharging its mandate, to visit pretrial detention centres,
since its main concern is the period of detention preceding trial. From
experience, visits to re-education camps alone, where most prisoners were
serving very long sentences, created a sort of time-lag since, in order to
assess the legality of the detention, the delegation needed to look into the
conditions and circumstances in which a given individual was arrested, or
placed in custody or pre-trial detention many years earlier, sometimes more
than 10 or 15 years.
70.
Another observation: persons convicted of other than ordinary crimes
appear to fall into two categories, one might almost say two "generations":
(a)
Firstly, those serving very long sentences (one of the prisoners
interviewed was in his seventeenth year of imprisonment) for offences linked
with the aftermath of the fall of Saigon; as many of them had conducted secret
armed-resistance operations on the instructions of their military commanders,
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