CCPR/C/58/Add.6 page 136
Articles 2 and 3
11. The measures which give effect to the rights recognized in the Covenant are described in this and previous reports in relation to each article. They do not discriminate between individuals on any of the bases referred to in article 2 other than to the extent referred to in this and previous reports. The several statutes of the Parliament of the United Kingdom which prohibit discrimination are taken to be statutes of general application in force in Pitcairn. The rights of persons under such statutes would be enforceable in the courts of Pitcairn. There are no legislative or administrative disadvantages cast upon either sex in Pitcairn in the fields of education, occupation, public life or otherwise, nor does actual discrimination or prejudice exist. The position of Island Secretary, the third highest post on the Island, is currently held by a woman who has served in the post for the last three years.
At least two women have served on the Island Council in each of the last 16 years.
A
Article 4
12. No necessity has arisen to invoke the right of derogation under this article. No law in the nature of an emergency regulation ordinance is in force in Pitcairn. The present state of the law in Pitcairn is that the Governor has no statutory power to proclaim a state of emergency. If such an emergency arose, the powers of the Governor would be exercised in accordance with the law and consistently with the provisions of the Covenant.
Article 6
13. The law of the United Kingdom, which fully recognizes the sanctity of the right to life, applies equally to Pitcairn by reason of the application of English law pursuant to section 14 of the Judicature Ordinance. The legal provisions applied to genocide are those in force in the United Kingdom. The offences punishable by capital punishment are treason, piracy and murder. The death penalty has not been imposed in respect of any offence committed on Pitcairn since 1897.
Article 7
14.
On 8 December 1988, the United Kingdom ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The ratification was extended to Pitcairn.
Article 9
15.
The rights of personal liberty provided by the article are enshrined by law in Pitcairn as they are in the United Kingdom. There is no power of imprisonment without trial as such, although a person may be held in custody for strictly limited periods pending trial or sentence subject to the supervision of the courts. Detailed provision is made in parts IV and VII of the Justice Ordinance (cap. 3) for the implementation of this article. Application as of right for release on bail is available to all persons except those charged with murder or treason; the Supreme Court may however in its discretion grant bail in any case to a person accused of murder or treason (sect. 22 of the Justice Ordinance). Subsection (2) strictly requires that bail shall be fixed with regard to the circumstances or every case. The
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