E/CN.4/1992/52
page 169
152. A number of Governments reported the existence of governmental and
non-governmental agencies for the defence, protection and promotion of human
rights. Some countries had legislation which provided for complaints to be
filed against public officials, under criminal law or through mechanisms
created for this purpose. The Special Rapporteur noted that very few
countries have established the institution of ombudsman in this connection.
Some Governments stated that they had not experienced any such incidents,
which accounted for the absence of specific remedies. However, a number
stated that they had undertaken steps to counter possible manifestations
of intransigence despite the fact that such incidents had not yet occurred.
Citizens of most of these countries have recourse to ordinary courts but may
also take their case to the supreme court.
153. In its reply to the questionnaire, the Government of Ecuador stated
that, in addition to remedies offered by ordinary courts, the Tribunal of
Constitutional Guarantees was also empowered to hear complaints filed
by any natural or legal person regarding violation of the Constitution.
The Government of Nicaragua stated that once the administrative remedies
available through the national police had been exhausted, victims of
religious intolerance could apply for amparo with the Supreme Court of
Justice. The Government of Sweden replied that, in addition to prosecution
under the Penal Code, the Swedish Constitution also provided for disciplinary
action against officials in public service and their prosecution by the
Parliamentary Ombudsman and the Chancellor of Justice. In its answer, the
Government of Switzerland indicated that, after the exhaustion of internal
remedies under cantonal law, violations of the Federal Constitution could be
the subject of public-law action before the Federal Tribunal. The Government
added that the decisions of the Federal Tribunal could be appealed upon
individual petition to the European Commission of Human Rights and could lead
to a judgement by the European Court of Human Rights, whose jurisdiction was
recognized as legally binding on the State. In their replies, the Governments
of Malta and Ireland stated that their countries had incorporated the European
Convention on Human Rights into the laws under which victims of religious
intolerance could seek redress after domestic judicial remedies had been
exhausted.
154. In its reply to the questionnaire, the Government of Tunisia stated that
offences under the Penal Code and the Press Code were directly prosecuted by
the Department of Public Prosecution and that remedies could also be sought
through civil proceedings. Victims of violations by an administrative act
might seek remedy before the Administrative Tribunal. The Government of
Swaziland indicated that only administrative bodies could play a role in the
protection of freedom of religion and belief. The Government of Rwanda stated
that the Council of State was empowered to cancel a decision taken by an
administrative body. The Government of the United States of America indicated
in its reply that protection against discrimination was ensured by the Civil
Rights Act and civil action could be brought by the aggrieved persons or by
the Attorney-General of the United States. In addition, a Commission on Civil
Rights, with a broad mandate concerning discrimination, including that based
on religion, had also been established.