CCPR/C/131/D/2772/2016
affected his career, his physical and mental health, and his family life. The author therefore
considers that the State party has violated his rights under article 17 of the Covenant.
3.8
Lastly, the author claims a violation of article 23 of the Covenant because the offences,
attacks and threats carried out against him and his family have had a seriously detrimental
effect on his family and his family life. First of all, his family’s finances were seriously
affected by his being absent for more than six months. Secondly, his prolonged arbitrary
detention caused the break-up of the family unit and harmed the mental health of his family
members. Lastly, the harm done to the author’s mental health and the threats and attacks
perpetrated at his home and directly against his family created a climate of insecurity, fear
and intimidation that prompted the family to move to another neighbourhood in August 2015.
3.9
The author requests appropriate reparation, including financial compensation for the
material and non-material harm caused; physical, psychological, social and financial
rehabilitation; measures of satisfaction; and guarantees of non-repetition accompanied by a
public apology to the victim.
Lack of cooperation by the State party
4.
On 7 June 2016, 25 January 2017, 3 July 2017 and 14 September 2018, the Committee
requested the State party to submit its observations on the admissibility and merits of the
communication. The Committee regrets the State party’s failure to provide any information
with regard to the admissibility or the substance of the author’s claims. It recalls that article
4 (2) of the Optional Protocol obliges States parties to examine in good faith all allegations
brought against them and to make available to the Committee all the information at their
disposal. In the absence of a reply from the State party, due weight must be given to the
author’s allegations, to the extent that they are substantiated.
Issues and proceedings before the Committee
Consideration of admissibility
5.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol to the Covenant.
5.2
The Committee must first ascertain, as required under article 5 (2) (a) of the Optional
Protocol, that the matter is not being examined under another procedure of international
investigation or settlement. The Committee notes that the author’s case has been examined
by the Working Group on Arbitrary Detention, which rendered an opinion on 3 September
2015. As the Working Group on Arbitrary Detention had already concluded its consideration
of the case before the present communication was submitted to the Committee, the
Committee will not address the issue of whether consideration of a case by the Working
Group is another procedure of international investigation or settlement under article 5 (2) (a)
of the Optional Protocol.11 Consequently, the Committee considers that there are no obstacles
to the admissibility of the communication under this provision.
5.3
Regarding the exhaustion of domestic remedies, the Committee recalls, firstly, that
the State party has a duty not only to carry out thorough investigations of alleged violations
of human rights brought to the attention of its authorities, but also to prosecute, try and punish
anyone held to be responsible for such violations. 12 The Committee also recalls its
jurisprudence according to which the author must exhaust, for the purpose of article 5 (2) (b)
of the Optional Protocol, all judicial or administrative remedies that offer him or her a
reasonable prospect of redress.13 The Committee notes that the State party has not contested
the admissibility of any of the claims submitted. In addition, it takes note of the information
and supporting documents provided by the author regarding the complaints and requests that
he filed with various authorities of the State party, none of which appears to have led to an
investigation. The Committee notes that six years have elapsed since 27 February 2015, the
11
12
13
GE.21-09615
Cedeño v. Bolivarian Republic of Venezuela (CCPR/C/106/D/1940/2010), para. 6.2.
Boudjemai v. Algeria (CCPR/C/107/D/1791/2008), para. 7.4.
Patiño v. Panama (CCPR/C/52/D/437/1990), para. 5.2.
7