Concluding observations by individual members
120. Members of the Committee expressed warm appreciation for the high quality
of the report, which was informative and straightforward. They also welcomed
the candor and competence of the State party representatives in answering the
Committee's questions, which had made for a useful and constructive dialogue.
121. While recognising Austria's traditions and the Government's efforts to
promote respect for human rights, members expressed continuing concern about a
number of areas where, in their view, further improvements were needed. One
such concern related to the status of the Covenant in relation to Austrian
law. It was noted in particular that, as far as grounds for discrimination
were concerned, Austrian law was not in complete conformity with the
provisions of the Covenant. The incorporation of at least articles 26 and 27
of the Covenant into domestic law was suggested as one possible remedy in that
connection. A related concern was the list of Austrian reservations to the
Covenant, which members urged the State party to reduce.
122. Other concerns raised by members related to such matters as the
independence of the administrative courts; the inadequacy of protection
extended to detainees at the interrogation stage; the impartiality of the
mechanisms for investigating cases involving alleged torture and ill-treatment
by the police; the monopolistic character of the electronic media; and
restrictions on speech under article 111 of the Criminal Code, as well as the
freedom to impart information.
123. The representative of the State party said the dialogue had been
extremely interesting and thanked the Committee for the warm welcome it had
accorded to his delegation.
124. In concluding the consideration of the second periodic report of Austria,
the Chairman thanked the delegation for its responses to the Committee's
questions on an excellent report and requested the delegation to convey the
Committee's views to the competent authorities.
POLAND
125. The Committee considered the third periodic report of Poland
<CCPE/C/58/Add.lO and Add.13) at its 1102nd to 1105th meetings, on 28 and
29 October 1991 (see CCPR/C/SE.1102-1105). {For the composition of the
delegation, see annex VIII.)
126. The report was introduced by the representative of the State party, who
pointed out that one of the most crucial problems was to ensure that the rules
and standards established by legislation conforming to the Covenant were
observed in actual practice. Under the previous system in Poland, all rights
and freedoms had been recognized but there had been limitations in practice
that had made it virtually impossible actually to exercise such essential
rights as the right to freedom of speech, freedom of association and
participation in public affairs. Significant changes in the legal system had
been made since the formation of the first non-communist Government in 1989,
including the abolition of censorship and the one-party monopoly of the
press. The independence of the communications media, which had been giving
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