CCPR/C/112/D/2111/2011
articles 7 and 2, paragraph 3, read in conjunction with article 7, with respect to the author
and C.T.
9.
In accordance with article 2, paragraph 3, of the Covenant, the State party is under
an obligation to provide the author with an effective remedy, including by: (a) conducting a
thorough and effective investigation into the facts surrounding the detention of Mr.
Tripathi and the treatment he suffered at the Maharajgunj barracks, and providing the
author with detailed information about the results of its investigation; (b) releasing him if
he is still alive; (c) in the event that Mr. Tripathi is deceased, handing over his remains to
his family; (d) prosecuting, trying and punishing those responsible for the violations
committed; (e) providing adequate compensation for the violations suffered, to the author,
her daughter and Mr. Tripathi, if he is still alive; (f) ensuring that necessary and adequate
psychological rehabilitation and medical treatment are provided to the author and her
daughter; and (g) providing appropriate measures of satisfaction. The State party is also
under an obligation to take steps to prevent similar violations in the future. In that
connection, the State party should ensure that its legislation allows the criminal prosecution
of the facts that constituted a violation of the Covenant.
10.
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 or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure for all individuals within its territory, or subject to its
jurisdiction, the rights recognized in the Covenant, and to provide an effective and
enforceable remedy when a violation has been established, the Committee wishes to receive
from the State party, within 180 days, information concerning the measures taken to give
effect to the Committee’s Views. The State party is also requested to publish the present
Views and disseminate them widely in the official languages of the State party.
14
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