CCPR/C/79/Add.79
page 4
that human rights education be provided in schools at all levels, in
order to develop a culture of human rights within society.
17.
The Committee regrets that insufficient information was provided on the
actual compliance with the provisions of article 9 of the Covenant in relation
to all forms of detention, in particular pre-trial administrative detention
and detention of asylum seekers. Therefore:
the Committee recommends that the Government undertake a comprehensive
analysis of legislation and practice relating to administrative
detention to assess its compliance with article 9 of the Covenant.
18.
With respect to article 14 of the Covenant, the Committee notes with
concern that the present rules governing the appointment of judges by the
Government with approval of Parliament could have a negative effect on the
independence of the judiciary. Therefore:
the Committee recommends that specific measures guaranteeing the
independence of the judiciary, protecting judges from any form of
political influence through the adoption of laws regulating the
appointment, remuneration, tenure, dismissal and disciplining of members
of the judiciary, be adopted as a matter of priority.
19.
The Committee also notes with concern that the right to free legal
assistance provided for by article 14, paragraph 3 (d), of the Covenant does
not seem to be guaranteed in all cases, but only in cases for which the
maximum penalty is more than five years' imprisonment. It further notes with
concern that although the law provides for the assistance of a lawyer
immediately after arrest, many cases of failure to respect this right during
police custody were reported. Therefore:
the Committee recommends that legislation regulating the provision of
free legal assistance be reviewed to ensure that it conforms to the
Covenant, and that the implementation of laws and regulations governing
the presence and assistance of lawyers be closely monitored.
20.
The Committee further notes with concern that civilians may be tried by
military courts in certain cases, including betrayal of State secrets,
espionage and State security. Therefore:
the Committee recommends that the Criminal Code be amended so as to
prohibit the trial of civilians by military tribunals in any
circumstances.
21.
The Committee notes that Act No. 308/1991 Coll. on freedom of religion
and the status of churches and religious societies and Acts No. 83/1990 Coll.,
300/1990 Coll. and 62/1993 Coll. on the association of citizens require that
churches, religious societies, associations and non-governmental organizations
be registered in order to function freely and/or to receive subsidies from the
State. Given that prerequisites to this registration are very restrictive,
some churches and religious or other associations are excluded from being
legally recognized. Therefore: