Advance unedited version CCPR/C/118/D/2187/2012
conviction on 27 August 2010, in violation of his rights under article 14, paragraph 3 (g).
Considering the Committee’s conclusions regarding violations under article 7, and the State
party’s inability or unwillingness to investigate the allegations of torture made by the
author, and the unrefuted fact that the author’s forced confession was retained as evidence
and used as a basis for his conviction, the Committee considers that the author’s rights
under article 9, paragraph 1, and article 14, paragraph 3 (g), of the Covenant were also
violated.
7.
The Human Rights Committee, acting under article 5 (4), of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the facts before
it disclose a violation of the author’s rights under article 7 of the Covenant, read separately
and in conjunction with article 2, paragraph 3, article 9, paragraph 1, and article 14,
paragraph 3 (g), of the Covenant.
8.
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, take appropriate steps to release the author; quash the author’s
conviction and, if necessary, conduct a new trial, in accordance with the principles of fair
hearings, presumption of innocence and other procedural safeguards; to conduct a prompt
and impartial investigation into the author’s allegations of torture, provide the author with
an adequate compensation, including reimbursement of the court fines, the legal costs and
other related fees. The State party is also under an obligation to take all necessary steps to
prevent similar violations occurring in the future.
9.
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 or not 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 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. In addition, it requests the State party to publish those Views.
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