CCPR/C/GEO/CO/4
The State party should, as a matter of urgency, reform its system of administrative
detention in order to ensure its full compliance with articles 9 and 14 of the Covenant.
Jury trials
14.
The Committee is concerned that the current jury trial system does not afford
sufficient safeguards to enable the accused and the public to understand the verdict
pronounced by the jury and that it does not provide for the possibility to appeal a guilty
verdict on its merits in violation of the Covenant (art. 14).
The State party should, as a matter of urgency, follow up on its intention to reform the
current jury trial system with a view to ensuring its compatibility with the fair trial
guarantees enshrined in article 14 of the Covenant.
Plea-bargaining system and the zero tolerance drug policy
15.
The Committee is concerned that, despite certain improvements, the acquittal rate in
criminal cases remains low. It also expresses concern at the insufficient legal safeguards
provided to defendants under the current plea-bargaining system, including against abuse
and coercion to enter plea-bargaining agreements, insufficient transparency of the
negotiation of a plea agreement between the defendant and the prosecutor, and the limited
role of the judge and the defence in this process. The Committee notes the criminalization
of drug use in the context of the zero tolerance drug policy and allegations that the pleabargaining system has been used to extort money from drug offenders. It is also concerned
about the thousands of complaints submitted to the Prosecutor’s Office following the
October 2012 elections by persons claiming that they had been pressured into accepting
plea-bargaining agreements – a practice that may be linked with the low acquittal rate. The
Committee finally notes that legislative amendments have been drafted that are aimed at
reforming both the plea bargaining system and the zero tolerance drug policy (arts. 2, 7, 9,
10, and 14).
The State party should pursue its efforts to reform the current plea bargaining system
and the zero tolerance drug policy and address past cases of coercion of defendants to
enter into plea-bargaining agreements. It should, inter alia:
(a)
Provide adequate legal safeguards to defendants in the context of plea
bargaining, including against abuse and coercion to enter into plea-bargaining
agreements, in line with defendants’ Covenant rights;
(b)
Ensure transparency of plea-bargaining negotiations, and increase and
strengthen the role of the judge and the defence in this process;
(c)
Adopt a human rights-based approach in addressing the problem of
drug use, with a focus on appropriate health care, psychological support services and
rehabilitation for drug users, including drug dependence treatment such as opioid
substitution therapy and harm reduction programmes.
Juvenile justice system
16.
While noting the progress in reforming the juvenile justice system, including the
launch of the Juvenile Diversion and Mediation Program in November 2010, the
Committee is concerned that juvenile offenders are still not dealt with under a separate
juvenile justice component in accordance with their age, specific needs and vulnerability
(arts. 14 and 24).
The State party should take measures to establish juvenile chambers with trained
judges to ensure that juveniles are treated in a manner commensurate with their age,
specific needs and vulnerability. It should provide training in relevant international
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