The Committee considered the second periodic report of Guinea
(CCPR/C/57/Add.2) at its 1222nd, 1223rd and 1224th meetings
held on 1 and 2 April 1992 and adopted at its 1229th meeting
(forty-seventh session) held on 6 April 1992 the following observations:
The Committee thanks the Government of the State party for its
frank and detailed report. However, the latter focuses more
on legislation than on the effective implementation of the provisions
of the Covenant and contains little information concerning factors
and difficulties that impede implementation of the Covenant.
In replying to questions asked by members of the Committee,
the delegation of Guinea sought to supplement the written report,
thereby enabling the Committee to understand better the human
rights situation in Guinea.
B. Positive aspects
Since the consideration of the initial report, it should be
pointed out that Guinea has adopted a basic law which has the
value of a constitution and contains a title concerning fundamental
rights and freedoms; the Law was adopted by referendum on 23
December 1990. The military courts and the State Security Court
have been discontinued. The delegation announced that Guinea
would soon accede to the Optional Protocol.
C. Factors and difficulties that impede implementation of
According to the representative of Guinea, the legacy of the
former regime, which was responsible for torturing several thousands
of people and for mass disappearances, has left marks and bad
habits in the Administration. Instances of violations (irregular
arrests and ill-treatment) are not reported because the victims
are resigned. The force of tradition and custom is an obstacle
to the exercise of the rights of the Covenant concerning, more
particularly, customs and the family.
D. Main grounds for concern
The Committee expressed concern at the general character of
the provisions of article 22 of the Basic Law which permit it
to limit the rights and freedoms of the individual for reasons
relating to public order. It fears that implementation of these
provisions might lead Guinea to enact laws instituting restrictions
on rights and freedoms that go beyond those permitted by the
Covenant. The Committee expressed concern at the establishment
under the Basic Law of the Supreme Court of Justice which does
not seem to it to comply with the requirements of article 14
of the Covenant. Several cases of ill-treatment and torture
have been reported and have remained unpunished. There have
been arrests and detentions for reasons of a political nature
during the period covered by the report. Peaceful demonstrations
have ended in bloodshed owing to excessive use of firearms by
the police. The Committee is also concerned regarding the implementation
of article 27 of the Covenant.
E. Suggestions and recommendations
The Committee recommended that, during this period of major
legislative change, the Government of the Republic of Guinea
take account of the provisions of the Covenant with a view to
introducing them into its internal legislation. It suggested,
in particular, that the Government adopt detailed regulations
governing firearms to enable it to respect article 6 of the
Covenant and also rules applicable to police custody and detention
consistent with article 9 of the Covenant. Investigations should
be ordered systematically when a violation is reported. An appropriate
penalty should be imposed on the guilty when they are identified.
Measures should also be taken to fully implement the guarantees
provided for in article 27 of the Covenant.
The Committee emphasized the need to develop programmes of education
concerning human rights and specific programmes to be used in
training law enforcement officers with the assistance, where
necessary, of the Centre for Human Rights.
The Government was invited to promote the development of organizations
specializing in the protection and promotion of human rights.