CCPR/C/122/D/2398/2014
9.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This provision requires that
States parties make full reparation to individuals whose Covenant rights have been violated.
In the present case, the State party is obliged, inter alia, to: (a) conduct an in-depth,
thorough and impartial investigation into the disappearance of Mohamed Millis and provide
the author with detailed information about the results of its investigation; (b) release
Mohamed Millis immediately if he is still being held incommunicado; (c) in the event that
Mohamed Millis is deceased, hand over his remains to his family; (d) prosecute, try and
punish those responsible for the violations committed; (e) provide adequate compensation
to the author for the violations perpetrated against him, and to Mohamed Millis, if he is
alive; and (f) provide appropriate satisfaction for the author and his family.
Notwithstanding the terms of Ordinance No. 06-01 on the implementation of the Charter
for Peace and National Reconciliation, the State party should ensure that it does not impede
enjoyment of the right to an effective remedy for crimes such as torture, extrajudicial
killings and enforced disappearances. It is also under an obligation to take steps to prevent
similar violations in the future. To that end, the Committee is of the view that the State
party should review its legislation in mind of its obligation under article 2 (2) of the
Covenant and, in particular, repeal the provisions of the aforementioned Ordinance that are
incompatible with the Covenant, to ensure that the rights enshrined in the Covenant can be
enjoyed fully in the State party.
10.
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 when a violation is found to have occurred, the Committee wishes to
receive from the State party, within 180 days, information about the measures taken to give
effect to the present Views. The State party is also requested to publish the Committee’s
Views and disseminate them broadly in the official languages of the State party.
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