CCPR/C/130/D/2777/2016
constitutes unlawful interference with their privacy, family and home, in violation of article
17 of the Covenant.
7.13 In the present case, the Committee notes that the material on file does not allow it to
conclude that the investigation into the allegations of arbitrary arrest and detention and
arbitrary and unlawful interference with his privacy, home and family life was carried out
promptly or effectively or that any of the suspects were identified, tried and punished, despite
a number of complaints and efforts made by the author, who specifically identified some of
the alleged perpetrators. The State party has not clarified why no such investigation has yet
taken place, or why there has been a delay in carrying out such an investigation. Accordingly,
the Committee considers that the State party has failed to conduct a prompt, thorough and
effective investigation into the circumstances of the arrest and detention of the author and the
arbitrary and unlawful interference with his privacy, home and family life. Thus, the
Committee concludes that the facts before it reveal a violation of article 2 (3), read in
conjunction with articles 9 and 17 of the Covenant.
8.
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 7, 9 and 17, read
alone and in conjunction with article 2 (3) of the Covenant.
9.
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, inter alia: (a) to conduct a prompt investigation that is effective and thorough,
impartial and independent, and transparent into the facts surrounding the arrest, detention and
torture of the author and the treatment he suffered during detention, both in 2002 and in 2006,
as well as the interference with his private life, home and family life and to provide the author
with detailed information about the results of the investigation; (b) to prosecute and punish
those found responsible for the violations committed; (c) to ensure that necessary and
adequate psychological rehabilitation and medical treatment are made available to the author;
and (d) to provide adequate compensation, including appropriate measures of satisfaction,
beyond the partial compensation already offered to the author for the violations suffered. The
State party is also under an obligation to take steps to prevent the occurrence of similar
violations in the future. In particular, the State party should ensure that its legislation
effectively criminalizes torture and provides for appropriate sanctions and remedies
commensurate with the gravity of the crimes.
10.
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
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
15
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