CCPR/C/112/D/2046/2011
6.9
In this case, following the operation of 15 February 2007, during which the author
and her son, Fredj Saleh Hmeed, were beaten and the family home was ransacked and
burned, the author lodged a criminal complaint with the Prosecutor-General on 16 February
2007. No action has been taken on her complaint. Lastly, Adel Saleh Hmeed lodged a
criminal complaint for arson and robbery of the family home upon his release from prison
in April 2008, but no action has been taken. The Committee concludes that the information
before it discloses a violation of article 2, paragraph 3, read in conjunction with article 17
of the Covenant, with regard to Saleh Salem Hmeed; a violation of article 2, paragraph 3,
read in conjunction with articles 7, 9 and 17 of the Covenant, with regard to Fredj Saleh
Hmeed, Al Sadek Saleh Hmeed, Al Mahdi Saleh Hmeed, Ali Saleh Hmeed and Adel Saleh
Hmeed; and a violation of article 2, paragraph 3, read in conjunction with articles 7 and 17
of the Covenant, with regard to the author herself.
7.
The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, finds that the
information before it discloses violations by the State party of articles 17 and 2, paragraph 3,
read in conjunction with article 17 of the Covenant, with regard to Saleh Salem Hmeed; of
articles 7, 9, 17 and 2, paragraph 3, read in conjunction with articles 7, 9 and 17 of the
Covenant, with regard to Fredj Saleh Hmeed, Al Sadek Saleh Hmeed, Al Mahdi Saleh
Hmeed, Ali Saleh Hmeed and Adel Saleh Hmeed; and of articles 7, 17 and 2, paragraph 3,
read in conjunction with articles 7 and 17 of the Covenant, with regard to the author herself.
8.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the author with an effective remedy by, inter alia,
prosecuting, trying and punishing those responsible for the violations, and to award
adequate compensation to the author and her family. The State party is also under an
obligation to take steps to prevent similar violations in the future.
9.
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 or not 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 and
enforceable remedy when a violation has been established, 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 present Views and to
have them widely disseminated in the official languages of the State party.
10
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