CEDAW/C/76/D/116/2017
criminal procedure, the author cannot benefit from the application of that provision of
the Criminal Code because the criminal charge in relation to her case has not yet been
examined in court, in spite of her repeated requests. Given the seriousness of the act
of gender based violence to which the author was subjected and her right to obtain
restitution, compensation and rehabilitation, and given the absence of any possibility
of enforcing her right as fully as possible, the Committee concludes that the State party
has breached its obligations under article 1, read in conjunction with articles 2 (a) and
(c)–(f), 3, 12 and 13 (a) and (b), of the Convention.
9.
Acting under article 7 (3) of the Optional Protocol and in the light of the above
considerations, the Committee is of the view that the State party has failed to fulfil
its obligations and has thereby violated the author’s rights under articles 2 (a) –(f), 3,
12, 13 (a) and (b) and 15 (1) of the Convention, read in conjunction with article 1, of
the Convention.
10.
The Committee makes the following recommendations to the State party:
(a)
Concerning the author of the communication:
(i) Take immediate and effective measures to ensure that the author’s case is
investigated promptly, impartially and effectively, and that those accused are
prosecuted and, if found guilty, sentenced to penalties commensurate with the
gravity of their acts;
(ii) Ensure that the author is given timely and adequate information on
progress made in the investigation carried out by the Prosecutor’s Office, its
results and any forthcoming trial to the extent possible, in line with the guidance
provided in the Committee’s general recommendation No. 33;
(iii) Ensure that the author receives full reparation, including material and
moral damages, for the harm she suffered and restitution, rehabilitation and
satisfaction, including the restoration of her dignity and reputation, which
includes free legal assistance and financial reparation proportionate to the
physical, psychological and material damage suffered by her and with the
gravity of the violations of her rights.
(b)
General:
(i) Investigate promptly, thoroughly, impartially and seriously all allegations
of gender-based violence against women, especially war crimes, including rape
and sexual violence; ensure that criminal proceedings are initiated in all such
cases, bring the alleged perpetrators to trial in a fair, impartial, timely and
expeditious manner, and ensure that those accused are, if found guilty, sentenced
to penalties commensurate with the gravity of their acts;
(ii) Provide victims of gender-based violence against women, especially war
crimes, including rape and sexual violence, with safe and prompt acce ss to
justice, including free legal aid where necessary, and ensure that they are
informed of the progress made in the investigation of their allegations, in line
with the guidance provided in the Committee’s general recommendation No. 33;
(iii) Ensure that legislative measures are taken to preclude convicted
perpetrators of war crimes from being exempted from their sanctions, including
through the routine reduction of sentences and replacement of imprisonment by
fines;
(iv) Establish an effective, nationwide reparation scheme to provide all forms
of redress to victims of war crimes, including sexual violence, with equal access
to social benefits and other support measures to which they are entitled;
20-11100
15/16
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