CCPR/C/131/D/3259/2018
investigation had been conducted (paras. 4.2, 5.1 and 7.5 above). The Committee considers
that this is sufficient to establish, in the absence of any evidence to the contrary, that the right
to an effective remedy has been violated. However, it notes that the State party has also failed
to show that it acted with due diligence, even after that Commission had determined that the
investigation had been unjustifiably delayed. This is because the State party has failed to
show that a single one of the 20 persons alleged to have been directly involved in Mr. Rivera
Hidalgo’s disappearance has been arrested or prosecuted for that disappearance. 43 The
Committee reiterates its observations on the body found in 2013, the lack of steps taken to
definitively identify the body, and the lack of information from the State party on this point
(paras. 5.2 and 7.2 above). In light of the foregoing, the Committee considers that, 10 years
after the authorities received the complaint of Mr. Rivera Hidalgo’s enforced disappearance,
the investigations carried out have been ineffective in shedding light on the circumstances of
his disappearance, determining his fate and whereabouts and identifying those responsible.44
The Committee therefore considers that the State party has violated Mr. Rivera Hidalgo’s
right to an effective remedy under article 2 (3) of the Covenant, read in conjunction with
articles 6, 7, 9 and 16. The Committee considers that the same conclusion must be reached
in respect of the author’s claims concerning her right under the same article 2 (3) of the
Covenant, read in conjunction with articles 7 and 17.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the information before it discloses violations by the State party of articles 6 (1), 7, 9 and 16
of the Covenant, and of article 2 (3) read in conjunction with articles 6, 7, 9 and 16, in respect
of Mr. Rivera Hidalgo; and of articles 7 and 17 of the Covenant, and article 2 (3) read in
conjunction with articles 7 and 17, in respect of the author of the communication.
11.
Pursuant to 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 to: (a) conduct a prompt, effective, thorough, independent, impartial and
transparent investigation into the circumstances of Mr. Rivera Hidalgo’s disappearance; (b)
ensure the release of Mr. Rivera Hidalgo if he is still alive; (c) if Mr. Rivera Hidalgo is
deceased, hand over his remains to his family under decent conditions; (d) investigate and,
where appropriate, punish any type of action that might have hindered the effectiveness of
the search and tracking process; (e) provide the author with detailed information on the
outcome of the investigation; (f) prosecute and punish the persons found responsible for the
violations committed and make the results of those proceedings public; and (g) grant the
author, as well as Mr. Rivera Hidalgo if he is still alive, full reparation, including adequate
compensation for the violations suffered and medical and psychological support. The State
party is also under an obligation to take steps to prevent similar violations from occurring in
the future by ensuring that any act of enforced disappearance is promptly, effectively and
thoroughly investigated in an independent, impartial and transparent manner.
12.
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
present Views. The State party is also requested to publish the present Views and to have
them widely disseminated.
43
44
14
The State party mentions only the arrest and prosecution of Mr. G.R. but has not specified why he
was arrested or provided any other information relating to his alleged subsequent conviction, which
was for offences not including that of disappearance (paras. 6.2 and 7.1 above).
See also general comment No. 36 (2018), para. 27, which also states that investigations and
prosecutions of potentially unlawful deprivations of life should be undertaken in accordance with
relevant international standards, including the Minnesota Protocol on the Investigation of Potentially
Unlawful Death.
GE.21-06148
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