CCPR/C/115/D/2223/2012
8.
The Committee, acting under article 5 (4), of the Optional Protocol, is of the view
that the facts before it disclose a violation of the author’s rights under articles 10 (1) and 18
(1) of the Covenant.
9.
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, 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, which includes the
adoption of legislative measures guaranteeing the right to conscientious objection.
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 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 Committee’s Views.
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