CCPR/C/113/D/2013/2010
of article 6 of the Covenant.17 In the light of the Committee’s findings of a violation of
article 14 (3) (d) and (g) of the Covenant, especially in the light of the author’s unrefuted
allegations of absence of legal assistance, torture and ill-treatment to make him confess
guilt, which served as a basis for his conviction, it concludes that the final sentence of death
and the subsequent execution of Oleg Grishkovtsov did not meet the requirements of
article 14 and that, as a result, his right to life under article 6 of the Covenant has also been
violated.
9.
The Committee, acting under article 5 (4) of the Optional Protocol to the Covenant,
is of the view that the facts before it disclose a violation of Oleg Grishkovtsov’s rights
under articles 6, 7, 9 (3) and 14 (2 and 3 (d) and (g)) of the Covenant. The State party has
also breached its obligations under article 1 of the Optional Protocol to the Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide adequate monetary compensation to the author’s family for the loss of
his life, including reimbursement of the legal costs incurred. The State party is also under
an obligation to prevent similar violations in the future and, in the light of its obligations
under the Optional Protocol, to cooperate in good faith with the Committee, particularly by
complying with the requests of the Committee for interim measures of protection.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy in cases where a violation has been established, the Committee wishes
to receive from the State party, within 180 days, information about the measures taken to
give effect to the Views of the Committee. In addition, it requests the State party to publish
the present Views and to have them widely disseminated in Belarusian and Russian in the
State party.
17
10
See general comment No. 32, para. 59; and communications No. 719/1996, Levy v. Jamaica, Views
adopted on 3 November 1998, para. 7.3; No. 1096/2002, Kurbanov v. Tajikistan, Views adopted on
6 November 2003, para. 7.7; No. 1044/2002, Shukurova v. Tajikistan, Views adopted on 17 March
2006, para. 8.6; No. 1276/2004, Idieva v. Tajikistan, Views adopted on 31 March 2009, para. 9.7;
No. 1304/2004, Khoroshenko v. Russian Federation, Views adopted on 29 March 2011, para. 9.11;
and No. 1545/2007, Gunan v. Kyrgyzstan, Views adopted on 25 July 2011, para. 6.5.