CCPR/C/116/D/2233/2013
incompatible with the requirements of the Covenant, in particular those of article 9 (1).10
Accordingly, the Committee considers that the facts in the present case reveal a violation of
article 9 (4).
Claims under articles 7 and 10 (1)
10.6 The Committee takes note of the authors’ claims under articles 7 and 10 (1) and the
information submitted by the State party in this regard, including on the health care and
mental support services provided to persons in immigration detention. The Committee
considers, however, that these services do not take away the force of the uncontested
allegations regarding the negative impact that prolonged indefinite detention, on grounds
that the person cannot even be apprised of, can have on the mental health of detainees.
These allegations are confirmed by medical reports concerning some of the authors. The
Committee considers that the combination of the arbitrary character and indefinite nature of
the authors’ protracted detention, the refusal to provide information and procedural rights to
the authors and the difficult conditions of detention cumulatively inflicted serious
psychological harm upon them, and constitute treatment contrary to article 7 of the
Covenant. In the light of this finding the Committee will not examine the same claims
under article 10 (1) of the Covenant.
11.
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 State party
has violated the authors’ rights under articles 7 and 9 (1) and (4) of the Covenant.
12.
In accordance with 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, provide the authors with rehabilitation and adequate
compensation. The State party is also under an obligation to take steps to prevent similar
violations in the future. In this connection, the State party should revise its migration
legislation to ensure its conformity with the requirements of articles 7 and 9 (1) and (4) of
the Covenant.
13.
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 and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable 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. The State party is also requested to publish the present Views and to
have them widely disseminated in the State party.
10
18
Communications No. 1014/2001, Baban v. Australia, Views adopted on 6 August 2003, para. 7.2;
No. 1069/2002, Bakhtiyari v. Australia, Views adopted on 29 October 2003, para. 9.4; and Nos.
1255/2004, 1256/2004, 1259/2004, 1260/2004, 1266/2004, 1268/2004, 1270/2004 and 1288/2004,
Shams et al. v. Australia, Views adopted on 20 July 2007, para. 7.3.
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