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. 11

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