CCPR/C/112/D/2069/2011
of the Covenant with respect to the author.9 Having come to this conclusion, the Committee
decides not to consider separately the author’s claims under article 17, paragraph 1, of the
Covenant.
7.
The Human Rights Committee, acting under article 5, paragraph 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 by the State party of article 6 (para. 1), article 7, article 9,
and article 14 (paras. 1 and 5) with regard to Mr. Shikhmuradov. It also discloses a
violation of article 7 of the Covenant with respect to the author.
8.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide Mr. Shikhmuradov and the author with an effective remedy
including by (a) releasing him immediately if he is still being detained incommunicado;
(b) conducting a thorough and effective investigation into his detention, disappearance and
unfair trial; (c) providing him and the author with detailed information on the results of the
investigation; (d) in the event that Mr. Shikhmuradov is deceased, handing over his remains
to the author; (e) prosecuting, trying and, if convicted, punishing those responsible for the
violations committed; and (f) providing adequate compensation to the author and
Mr. Shikhmuradov for the violations suffered. The State party is also under an obligation to
take steps to prevent similar violations 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 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 present
Views. The State party is also requested to publish the present Views in the official
language of the State party and to have them widely disseminated.
9
See, for example, El Abani v. Libyan Arab Jamahiriya, para. 7.5.
9