accord with United States law and policy, or deal with matters in which the law is unsettled, a reservation, post, is suggested.

Article 5, the right to humane treatment, covers in paragraphs 4, 5, and 6, respectively, segregation of accused persons from convicted persons (save in exceptional circumstances), separation of accused minors from adults and their speedy trial before specialized tribunals, and the requirement for reform and social readaptation of prisoners to be an essential aim of their punishment. A statement, post, is recommended in regard to these provisions.

Paragraph 7 of article 7, on the right to personal liberty, prohibits detention for debt; but the provision is not to limit orders of a competent judicial authority for nonfulfillment of support. The letter of transmittal suggests that the Senate may wish to record its understanding that the provision does not apply to orders of any competent judicial authority, whether or not issued for fulfillment of orders of support.

A statement of understanding, post, is recommended in respect of article 8, setting forth procedural and other requirements necessary for a fair trial. The statement would cover the following points: (1) that article 8 does not require court-appointed counsel for petty offenses for which imprisonment will not be imposed, or when the defendant is financially able to retain counsel; (2) that article 8 does not forbid requiring an indigent defendant to show that a witness is necessary in order to obtain subpoena; and (3) that the prohibition on double jeopardy is applicable only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, which is seeking a new trial for the same cause.

A reservation, post, is recommended in respect of a provision in article 9, requiring that the benefit of any statutory reductions in the penalty for crimes be applied retroactively. Attention is directed to the provisions in article 10 for compensation in case of imposition of a sentence through a miscarriage of justice. Since United States law provides a limited right to recovery, available to innocent persons who have been unjustly convicted and imprisoned, and not to those whose improper conviction was due to procedural errors alone, a suggestion is made that the Senate may wish to record its understanding that title 28, United States Code, sections 1495 and 2513, meets the requirements of article 10.

Article 11 protects the right to privacy and includes protection against arbitrary or abusive interference with one's private life, family, home, or correspondence, and against unlawful attacks on honor or reputation.

Under article 13, freedom of thought and expression, paragraph 2 exempts exercise of these rights from prior censorship, but also subjects them to subsequent imposition of liability. Under paragraph 4 of article 13, public entertainment may be subjected by law to prior censorship for the moral protection of childhood and adolescence; paragraph 5 requires that any propaganda for war or any advocacy of national, racial or religious hatred, constituting incitements to lawless violence or any other similar illegal action against any person or group of persons on any grounds, be considered as offenses punishable by law. A reservation, post, is recommended in respect of article 13.

Article 14, on the right of reply, provides, in paragraph 1, for a right to reply or make a correction using the same communications outlet; it provides, in paragraph 3, for every publisher and medium of public communication to have an individual responsible, who is not protected by immunities or special privileges. Since the right provided by paragraph 1 is broader than the "fairness doctrine" in the United States and since paragraph 3 does not reflect the sovereign immunity granted government publishers under United States law, a reservation and understanding, post, are also recommended in respect of these provisions.

Under article 17, paragraphs 4 and 5 require, respectively, that states parties ensure equality of rights and balancing of responsibilities between spouses as to marriage, during marriage, and in event of its dissolution, and that the law recognize equal rights for children born in or out of wedlock. Since these provisions are considered to state goals towards which United States law is moving but which it has not yet achieved, a statement, post, is recommended in regard to them.

Article 22, freedom of movement and residence, provides, in paragraph 7, a right of territorial asylum. Paragraph 8 reads:

In no case may an alien be deported or returned to a country regardless of whether or not it is his country of origin, if in that country his right to life or personal freedom is in danger of being violated because of his race, nationality, religion, social status, or political opinions.

Since United States law and the Protocol Relating to the Status of Refugees, to which the United States is a party [TIAS 6577; 19 UST 6223], permit immigration officers, in their discretion, to deport persons even to countries in which their lives or freedom are so threatened, if such persons have committed a serious crime or are considered a danger to the security of this country, a statement, post, is recommended.

Article 26 requires states parties to adopt measures, particularly those of an economic and technical nature, "with a view to achieving

progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States [TIAS 2361; 2 UST 2394], as amended by the Protocol of Buenos Aires [TIAS 6847; 21 UST 607]."

Article 27 permits a suspension of the guarantees provided in the Convention during time of war, public danger or other emergencies that threaten the independence or security of a state party. The derogation must not involve discrimination on the ground of race, color, sex, language, religion, or social origin. However, no suspension is authorized in respect of articles 3 (right to juridical personality); 4 (right to life); 5 (right to humane treatment); 6 (freedom from slavery); 9 (freedom from ex post facto laws); 12 (freedom of conscience and religion); 17 (rights of the family); 18 (right to a name); 19 (rights of the child); 20 (right to nationality); and 23 (right to participate in government), or of the judicial guarantees essential for the protection of these rights.

Under Part II of the Convention, Chapter VII, Inter-American Commission on Human Rights, section 3 (competence of the Commission), article 44 empowers any person or group of persons, or any nongovernmental entity legally recognized in one or more member states of the Organization of American States, to lodge petitions with the Commission containing denunciations or complaints of violation of the Convention by a state party. Article 45 provides, in part, as follows:

1. Any State Party may, when it deposits its instrument of ratification of or adherence to this Convention, or at any later time, declare that it recognizes the competence of the Commission to receive and examine communications in which a State Party alleges that another State Party has committed a violation of a human right set forth in this Convention.

2. Communications presented by virtue of this article may be admitted and examined only if they are presented by a State Party that has made a declaration recognizing the aforementioned competence of the Commission. [which] shall not admit any communication against a State Party that has not made such a declaration.

Under paragraph 3 of article 45, a declaration may be made valid indefinitely, for a specified period, or for a specific case. Article 46 requires that domestic law remedies be exhausted before a petition or communication under articles 44 or 45 may be admitted, unless:

(a) the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated:

(b) the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them; or

(c) there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.

In his letter of transmittal to the Senate, February 23, 1978, President Carter stated:

"Should the Senate give its advice and consent to ratification of the American Convention on Human Rights, I intend upon deposit of United States ratification to make a declaration pursuant to Article 45 of the Convention."

Under Chapter VIII, Inter-American Court of Human Rights, section 2 (jurisdiction and functions of the Court), article 61 empowers only states parties and the Inter-American Commission on Human Rights to submit a case to the Court. Prior completion of procedures before the Commission is required. States parties may recognize the Court's jurisdiction by special declaration or by special agreement. A special declaration may be made unconditionally, on the condition of reciprocity, for a specified period, or for specific cases. It may be made upon deposit of an instrument of ratification or adherence to the Convention, or at any subsequent time.

Acting Secretary of State Christopher's letter to President Carter, December 17, 1977, submitting the American Convention on Human Rights, notes in this regard:

"Acceptance by the United States of the Court's jurisdiction, whether by means of a voluntary declaration or by a special agreement, would of course require separate Senate advice and consent."

The Court has power under article 63 to require that the injured party be ensured the enjoyment of the freedom violated, and, if appropriate, it may require payment of compensation. Under article 64 the Court may issue advisory opinions, inter alia, at the request of a member state regarding the compatibility of any of its domestic laws with the American Convention on Human Rights or other treaties concerning the protection of human rights in the American States. Under article 68 states parties undertake to comply with the Court's judgment in any case to which they are parties.

The reservations, statements, understandings and declaration recommended in respect of the American Convention on Human Rights are:

(a) in regard to articles 1 through 32, the following declaration: "The United States declares that the provisions of Articles 1 through 32 of this Convention are not self-executing."

(b) in regard to article 4, the following reservation:

"United States adherence to Article 4 is subject to the Constitution and other law of the United States."

(c) in regard to paragraphs 4, 5, and 6 of article 5, the following statement:

"The United States considers the provisions of paragraphs (4) and (6) of Article 5 as goals to be achieved progressively rather than through immediate implementation, and, with respect to paragraph (5), reserves the right in appropriate cases to subject minors to procedures and penalties applicable to adults."

(d) in regard to paragraph 2, subparagraphs (e) and (f) and to paragraph 4, of article 8, the following statement of understanding:

"The United States understands that subparagraph (2) (e) of Article 8 does not require the provision of court-appointed counsel for petty offenses for which imprisonment will not be imposed or when the defendant is financially able to retain counsel; it further understands that subparagraph (2) (f) does not forbid requiring an indigent defendant to make a showing that the witness is necessary in order for his attendance to be compelled by the court. The United States understands that the prohibition on double jeopardy contained in paragraph (4) is applicable only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, which is seeking a new trial for the same cause."

(e) in regard to article 9, the following reservation:

"The United States does not adhere to the third sentence of Article 9."

(f) in regard to paragraphs 2 and 5 of article 13, the following reservation:

"The United States reserves the right to permit prior restraints in strictly defined circumstances where the right to judicial review is immediately available; the United States does not adhere to paragraph (5) of Article 13."

(g) in regard to paragraphs 1 and 3 of article 14, the following reservation and understanding:

"The United States does not adhere to paragraph (1) of Article 14, and understands that paragraph (3) of that Article applies only to non-governmental entities."

(h) in regard to paragraphs 4 and 5 of article 17, the following statement:

"The United States considers the provisions of paragraphs (4) and (5) of Article 17 as goals to be achieved progressively rather than through immediate implementation."

(i) in regard to paragraph 8 of article 22, the following state

ment:

"The United States considers that its adherence to the Protocol Relating to the Status of Refugees constitutes compliance with the obligation set forth in paragraph (8) of Article 22."