CCPR/C/123/D/2785/2016 10. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the information before it discloses a violation by the State party of Mr. Humaam’s rights under articles 6 (1) and (4), 14 (1) and 14 (3) (b), (d), (e) and (g) of the Covenant. 11. Pursuant to 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 to, inter alia: take immediate steps to quash Mr. Humaam’s conviction and sentence and immediately release him; if appropriate, order a retrial of Mr. Humaam’s case, ensuring that the proceedings comply with all fair trial guarantees in accordance with the obligations under articles 6 and 14 of the Covenant, including conducting a psychiatric assessment to ensure that Mr. Humaam is competent to stand trial; and provide Mr. Humaam with adequate compensation. The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. In this regard, the Committee reminds the State party that it may not impose the death penalty on an individual with serious psychosocial and intellectual disabilities or execute any individual with a diminished ability to understand the reasons for their sentence. 23 12. 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 official language of the State party. 23 See R.S. v. Trinidad and Tobago (CCPR/C/74/D/684/1996), para. 7.2., and general comment No. 36 (2018) on article 6 (the right to life), para. 53. 15

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