CCPR/C/116/D/1941/2010
interest of the proper administration of justice.8 The Committee further recalls that all trials
in criminal matters must in principle be conducted orally and in public, unless the court
decides to exclude all or part of the public for reasons of morals, public order (ordre public)
or national security.9 Even in cases in which the public is excluded from a trial, the
judgment, including the essential findings, evidence and legal reasoning, must be made
public.10 The Committee observes that the State party has not refuted the allegations of the
author that he was removed from part of the trial and that the verdict was been announced
publicly, and thus failed to justify why these acts would be in the interest of the proper
administration of justice. In these circumstances, due weight must be given to the author’s
claims, and the Committee concludes that the facts before it disclose a violation of the
author’s rights under article and 14 (1) and (3) (d) of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the State party has violated the author’s rights under article 7, read by itself and in
conjunction with article 2 (3), as well as article 14 (1) and (3) (d) 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: (a) conduct a thorough and effective investigation into the
author’s allegations of torture during pretrial detention; (b) provide him with detailed
information on the results of the investigation; (c) prosecute, try and, if confirmed, punish
those responsible for the violations committed; and (d) provide adequate compensation to
the author for the violations suffered. The State party is also under an obligation to take
measures to prevent similar violations in the future.
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, 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.
8
9
10
8
See the Committee’s general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, para. 36.
Ibid., para. 29.
Ibid.