CCPR/C/122/D/2228/2012
years after the fact, the perpetrators remain to be identified and prosecuted. In the absence
of any information from the State party, specifically in relation to any effective
investigation undertaken to address expeditiously, independently and adequately the
allegations advanced by the author, 11 due weight must be given to the author’s allegations.
In these circumstances, the Committee considers that the facts as submitted reveal that the
State party has failed in its duty to adequately investigate the allegations put forward by the
author. Accordingly, the Committee concludes that this part of the communication reveals a
violation of the author’s rights under article 7, read in conjunction with article 2 (3), of the
Covenant.12
11.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by Belarus of article 7, read alone and in
conjunction with article 2 (3), of the Covenant. The Committee reiterates its conclusion that
the State party has also violated its obligations under article 1 of the Optional Protocol.
12.
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. In the present case, the
State party is under an obligation, inter alia: (a) to conduct a full and effective investigation
into the author’s allegations of ill-treatment, to prosecute the perpetrators and to punish
them with appropriate sanctions; (b) to provide adequate compensation and appropriate
measures of satisfaction, including reimbursement of any legal costs and medical expenses,
as well as for non-pecuniary losses, incurred by the author; and (c) to issue a formal
apology to the author. The State party is also under an obligation to take all steps necessary
to prevent similar violations from occurring in the future, and in the light of its obligations
under the Optional Protocol, to cooperate in good faith with the Committee. 13
13.
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 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 official languages of the State party.
11
12
13
6
See, for example, Allaberdiev v. Uzbekistan (CCPR/C/119/D/2555/2015), para. 8.3.
See, for example, Amirov v. Russian Federation (CCPR/C/95/D/1447/2006), para. 11.6.
See, for example, Selyun v. Belarus (CCPR/C/115/D/2289/2013), para. 9.