Advance unedited version CCPR/C/132/D/2615/2015
that the State party has violated the author’s right not to be subjected to torture under article
7, read in conjunction with articles 2 (1), 3 and 26 of the Covenant.
7.4
The Committee also notes the author’s allegations under article 7, read in conjunction
with article 2 (3) of the Covenant, regarding the State party’s failure to investigate and
establish accountability for the sexual violence against her. The Committee recalls that the
Covenant does not provide a right for individuals to require that the State party criminally
prosecute another person.29 The Committee considers, nonetheless, that the State party has a
duty to investigate promptly, impartially and thoroughly alleged violations of human rights,
prosecute the suspects, punish those held responsible for such violations, and provide to
victims other forms of reparation, including compensation. 30 While the author did not report
the attack that occurred in 2002 until 2014 for the reasons mentioned above, the information
made available to the Committee indicates that despite the author’s attempts to file first
information reports, a claim for compensation, and a writ of mandamus requesting remedies,
the State party did not investigate the author’s allegations of sexual violence for procedural
reasons. The Committee recalls that expeditiousness and effectiveness are particularly
important in the adjudication of cases involving claims of such gravity as rape. 31 The
Committee considers that the State party’s failure to promptly and effectively investigate the
author’s allegations of sexual violence amount to a violation of her rights under article 7,
read in conjunction with article 2 (3) of the Covenant.
7.5
Regarding the author’s claim under article 17 of the Covenant, the Committee
considers that the rape of the author constitutes an arbitrary interference with her privacy and
her sexual autonomy, since she was forced by State agents to enter into sexual intercourse
against her will. The violation of the author’s right to privacy is aggravated by the author’s
uncontested allegation that she was stigmatized and marginalized not only by her spouse but
also by fellow community members on account of her status as a rape victim, and by the fact
that the State party did not take measures to provide remedies to the author after the rape.
The Committee therefore considers that the State party has violated the author’s rights under
article 17 of the Covenant.
7.6
With respect to article 23 (1) of the Covenant, the Committee notes the author’s
uncontested allegations that she was gang raped by armed State agents in front of her threeyear-old daughter, gave birth to a child after being forcibly impregnated during the rape, was
bedridden for nearly one month following the rape, suffered and continues to suffer serious
psychological sequelae from the attack, and was stigmatized, marginalized and shamed by
her husband and community because of her status as a victim of sexual violence and as the
mother of a child born as a result of rape. The Committee considers that these circumstances
amount to a serious disruption of the author’s family life and marriage.32 In view of the above,
the Committee considers that sexual violence that the author endured at the hands of State
agents violated her rights under article 23 (1) of the Covenant.
7.7
In light of its findings, the Committee does not deem it necessary to examine the
remainder of the author’s claims under article 17 of the Covenant; or her claims under articles
17 and 23 (1), each read in conjunction with articles 2 (1), 2 (3), 3 and 26 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of article 7, read alone and in
conjunction with articles 2 (1), 2 (3), 3 and 26 of the Covenant; and of articles 17 and 23 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 rights under the Covenant have been violated. Accordingly, the State party
is obligated to, inter alia: a) conduct a thorough and effective investigation into the facts
surrounding the rape of the author and other forms of sexual violence and ill-treatment to
29
30
31
32
See Chernev v. Russian Federation (CCPR/C/125/D/2322/2013), para. 12.3; see also Avadanov v.
Azerbaijan (CCPR/C/100/D/1633/2007), para. 9.5.
Ibid.
X v. Sri Lanka (CCPR/C/120/D/2256/2013), para. 7.4.
See Nyaya v. Nepal (CCPR/C/125/D/2556/2015), para. 7.8.
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