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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