CCPR/C/118/D/2317/2013
liberty and that they must be treated with humanity and respect for their dignity. 6 It also
observes that incommunicado detention is inconsistent with the obligation to treat detainees
humanely and with respect for their dignity. 7 In the light of the above, the Committee finds
that holding the author in prolonged incommunicado detention, without access to the
outside world, also violated his rights under article 10 (1) of the Covenant.
11.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses a violation by the State party of the author’s rights
under article 7, read alone and in conjunction with article 2 (3), and of articles 9 (1) and 10
(1) of the Covenant.
12.
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 requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the
author’s allegations of torture; (b) prosecute and punish those responsible for the torture of
the author; and (c) provide compensation to the author for the violations suffered. The State
party is also under an obligation to take all steps necessary to prevent similar violations in
the future.
13.
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 and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable 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 to
have them widely disseminated in the State party.
6
7
10
See general comment No. 21 (1992) on humane treatment of persons deprived of their liberty, paras.
3-4, and communications No. 1780/2008, Zarzi v. Algeria, Views adopted on 22 March 2011, para.
7.8, and No. 1753/2008, Guezout and Rakik v. Algeria, Views adopted on 19 July 2012, para. 8.8.
See communication No. 1781/2008, Berzig v. Algeria, Views adopted on 31 October 2011, para. 8.8.
GE.17-01270