A/HRC/7/10/Add.1
page 52
217. The Government attached reports of the CHRP’s investigation and of the Medico-Legal
examination. The Medico-Legal report’s Interpretation of Findings stated the following: “The
above physical injuries sustained by the subject [are] related to the ill-treatment dealt [at] him.
Because the subject was being forced to admit that he is the head of a certain COM.PROV, or
Comiteng Provincia ng Cavite while being detained against his will [this] satisfies the criteria for
torture as defined under the UN Convention Against Torture.” The CHRP indicated that it will
further look into the case of torture as contained in the Medico-Legal report. It will continuingly
monitor the development of the case with the Court and provide regular updates.
Observations
218. The Special Rapporteur is grateful for the Government’s responses and she would be
appreciative to be informed of recent developments in that case.
Romania
Communication sent on 5 January 2007
219. The Special Rapporteur brought to the attention of the Government information she had
received concerning a new Religion Law that was promulgated by President Traian Basescu on
27 December 2006. Concerns have been expressed that the law’s three-tier system of state
recognition is inconsistent with fundamental human rights as it contravenes the principles of
equality and non-discrimination. There are said to be high thresholds to enter the most
preferential category of “recognized religious denominations” both in terms of the required
number of adherents and of the waiting period for new applications. Further concerns relate to
provisions that bar religious communities with similar names to existing recognized communities
from gaining recognition. It is also feared that the law's provisions concerning State funding to
recognized clergy and religious workers will make religious communities dependent on the state
and increase Government control over them. Moreover, the bans on “religious defamation” and
“public offence to religious symbols” might prevent people of one faith speaking about other
faiths.
220. Furthermore, reports indicated that the process of adoption of the law violated
parliamentary processes since the members of the Chamber of Deputies allegedly did not have
the required five days to consider the report and amended text from the Chamber’s Juridical and
Human Rights committees before the text was debated and voted on in plenary session.
Observations
221. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegation. Her predecessor, Mr. Abdelfattah Amor, had already
commented on earlier drafts in the report of his country visit to Romania (see
E/CN.4/2004/63/Add.2, paras. 94-99). In addition, the current mandate holder also had sent an
urgent appeal on 21 October 2005 (see E/CN.4/2006/5/Add.1, paras. 306-312) but has not yet
received any reply. The Special Rapporteur wishes to receive further information from the
Government, including regarding the compatibility of its measures concerning religious
communities with relevant international human rights law.