CCPR/C/112/D/1965/2010
Appendix
[Original: Spanish]
Individual opinion of Committee member Fabián Salvioli
(partially dissenting)
1.
I share the opinion of the Committee in relation to its conclusions in Monika
v. Cameroon (communication No. 1965/2010). However, for the reasons that I set out
below, I believe that the Committee should also have addressed the issue of a possible
violation of article 6 of the Covenant, inasmuch as the author’s claims in this regard were
clear and were not satisfactorily refuted by the State party. The death threats made
following a brutal beating that resulted in the victim’s loss of an eye were never properly
investigated; nor were the perpetrators prosecuted or punished. Given these parameters, the
Committee should not have found the author’s claims with regard to a possible violation of
article 6 to be inadmissible.
2.
In view of the nature of this case, in which the victim has lost an eye as a result of
violations of his human rights and has become indigent, the Committee should have stated
that, as part of the redress to be provided, the State should place the proper rehabilitation
measures (the necessary medical and/or psychological treatment) at the disposal of the
author. This is a separate form of redress from the economic compensation to be provided
for the violations suffered by the victim. The Committee should refine its policy on redress
in individual cases in order to better fulfil its role of interpreting and applying the Covenant
and the Optional Protocol thereto.
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