CCPR/C/125/D/2448/2014
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of the authors’ rights under article 14 (1) and (3)
(d) and (e) and article 18 of the Covenant, and of the second author’s rights under article 7
of the Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia: (a) to disclose fully the second author’s criminal files to him; (b) to
expunge the authors’ criminal records related to the charges under article 164 (2) of the
Criminal Code; (c) to provide the authors with adequate compensation, including for the
legal expenses and fees they have incurred. The State party is also under an obligation to
take all steps necessary to prevent similar violations from occurring in the future.
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 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 remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and
disseminate them widely in the official languages of the State party.
6