CCPR/C/115/D/2052/2011
investigation into the allegations of torture and the subsequent death were not carried out
promptly and effectively and that no suspects were identified, despite a number of
incriminatory witness accounts. In that regard, the Committee notes, for example, that
officer Z.T. was never charged in spite of the serious allegation made against him. In the
absence of a plausible explanation by the State party on the discrepancies in the findings
relating to different stages of the criminal investigation and the reason why none of the
alleged perpetrators were ever charged or prosecuted despite the detailed allegations
levelled against them, the Committee concludes that the State party failed to properly
investigate the circumstances of the author’s son’s death and the allegations of torture and
ill-treatment and hence denied the author’s son an effective remedy, in violation of his
rights under article 2 (3), read in conjunction with articles 6 (1) and 7.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of articles 6 (1) and 7, read separately and in
conjunction with article 2 (3) of the Covenant.
10.
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 conduct a new, expeditious, impartial, effective and
thorough investigation into the exact circumstances of the author’s son’s death, to prosecute
those responsible and to provide the author with adequate compensation and appropriate
measures of satisfaction. The State party is also under an obligation to prevent similar
violations in the future, including by removing obstacles for obtaining civil reparation
independently of any related criminal proceedings.
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 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. In addition, it requests the State party to publish those Views.
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