CCPR/C/117/D/2219/2012
10.
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, to impartially, effectively and thoroughly investigate the
author’s claims under article 7; to prosecute any person or persons found to be responsible;
to expunge the author’s criminal record; and to provide him with adequate compensation.
The State party is under an obligation to avoid similar violations of the Covenant in the
future. In this connection, the Committee reiterates that the State party should revise its
legislation in accordance with its obligation under article 2 (2), in particular the Military
Service and Military Duty Act, as amended on 25 September 2010, with a view to ensuring
the effective guarantee of the right to conscientious objection under article 18 (1) of the
Covenant.22
11.
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 in
case a violation has been established, 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 official language of the State party.
22
See communications No. 2019/2010, Poplavny v. Belarus, Views adopted on 5 November 2015,
para. 10; and No. 1992/2010, Sudalenko v. Belarus, Views adopted on 27 March 2015, para. 10.
11