--CCPR/C/79/Add.90, para. 8 (1998).
*****
The Committee regrets that temporary decrees adversely affecting the
implementation of certain Covenant rights have recently been enacted by the
Revolutionary Command Council. In addition, the Committee expresses its
concern that certain provisions of these decrees, which the State party has
sought to justify on the ground that they are provisional, are incompatible with
certain non-derogable Covenant rights, such as the right to life, the prohibition
of torture and the principle of non-retroactivity of criminal laws. Therefore,
[t]he Committee recommends that a thorough review of existing temporary
laws and decrees be undertaken with a view to ensuring their compliance with
the provisions of the Covenant. In this regard, the Committee stresses that
Covenant rights may be derogated from only in accordance with article 4 of
the Covenant.
--CCPR/C/79//Add.100, para. 7 (1997).
*****
With reference to the specific situation …, the Committee expresses concern
that article 4 of the Covenant, which specifies the provisions that are nonderogable even in times of public emergency, has not been complied with. It
maintains that this article is applicable to the situation …, where the use of
weapons by combatants has led to the loss of life and deprivation of freedom
of large numbers of persons, regardless of the fact that a state of emergency
has not been formally declared.
--CCPR/C/79/Add.54, para. 27 (1995).
*****
The Committee is concerned that the State Security Court continues to
exercise special jurisdiction and that, in accordance with articles 124 and 125
of the Constitution and under the new Defence Act, ordinary law can be
suspended in emergency situations, contrary to the provisions of article 4 of
the Covenant, which prohibit derogation from some categories of human
rights.
--CCPR/C/79/Add.35, para. 6 (1994).
Judicial control
Constitutional and legal provisions should ensure that compliance with article
4 of the Covenant can be monitored by the courts.
22
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