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 violations of articles 9,
paragraph 3, 10, paragraphs 1 and 2, and 14,
paragraphs 1 and 3(b)and (d), of the Covenant.
to be treated with respect for the inherent dignity
of his person.
6.8
Finally, the Committee notes that the
author was detained for a period of over a year at
the penitentiary of Coiba, which according to the
author’s uncontested claim is a prison for
convicted offenders, while he was unconvicted
and awaiting trial. This, in the Committee’s
opinion, amounts to a violation of the author’s
right, under article 10, paragraph 2, to be
segregated from convicted persons and to be
subjected to separate treatment appropriate to his
status as an unconvicted person. On the other
hand, while the author has claimed to have been
subjected to forced labour while awaiting his
sentence, the Committee considers that this
allegation has not been sufficiently substantiated
as to raise issues under article 8, paragraph 3 (a),
of the Covenant.
8.
The Committee is of the view that
Mr. Dieter Wolf is entitled to a remedy. The
State party is under an obligation to ensure that
similar violations do not occur in the future.
9.
The Committee would appreciate
receiving information, within 90 days, from the
State party in respect of measures adopted
pursuant to the Committee’s Views.
_______________
Communications Nos. 298/1988 and 299/1988
Submitted by: G. and L. Lindgren and L. Holm; A. and B. Hjord, E. and I. Lundquist, L. Radko
and E. Stahl (represented by counsel)
Date of communication: 25 May 1988
Alleged victims: The authors
State party: Sweden
Date of adoption of Views: 9 November 1990 (fortieth session)
Norrköping and Upplands-Bro, Sweden. They
claim to be victims of a violation by the
Government of Sweden of article 26 of the
International Covenant on Civil and Political
Rights. They are represented by counsel.
Subject matter: Alleged discrimination in
allocation of funds for private schools
Procedural issues: Substantiation of claim—
Exhaustion of domestic remedies
2.1
The authors are the parents of children
who attend the private Rudolf Steiner School in
Norrköping and the Ellen Key School in
Stockholm. For the school year 1987/88
they applied to the municipality of Norrköping
for financial aid for the purchase of their
children’s textbooks and to the municipality
of Upplands-Bro for financial aid for
their children’s school meals and for the
purchase of their textbooks. On 20 April 1988
and 10 February 1988, respectively, their
applications were rejected. The authors did not
appeal and therefore the decisions became final.
The authors consider that the rejection of
financial aid constitutes a violation of article 26
of the Covenant since the kind of financial aid
they applied for, the so called School Social Aid
Substantive issue: Objective and reasonable
justification for differential treatment
Article of the Covenant: 26
Articles of the Optional Protocol: 2 and 5(2)(b)
Rules of procedure: Rule 88
1.
The authors of the communication
(initial letters dated 25 May 1988 and subsequent
correspondences) are G. and L. Lindgren
and L. Holm (communication No. 298/1988),
A. and B. Hjord, E. and I. Lundquist, 2. Radko
and E. Stahl (communication No. 299/1988),
Swedish citizens residing in the municipalities of
84
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