the circumstances, the Committee considers that the supervisory review cannot be characterized as an “appeal”, for the purposes of article 14, paragraph 5, and that this provision has been violated.8 12. In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Mr. Bandajevsky with an effective remedy, including appropriate compensation. The State party is also under an obligation to prevent similar violations in the future. 10.14 Finally, on the author’s claim under article 19, in that he was persecuted because of his criticism of certain Government positions, especially on the consequences of the Chernobyl disaster, the Committee notes that the State party has repeatedly emphasized that the author was prosecuted and sentenced for bribery only. In the absence of any other relevant information on this particular issue, and given the general nature of the author’s claim, the Committee considers that there has been no violation of article 19 of the Covenant. 13. 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 or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or 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 90 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. 11. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of Mr. Bandajevsky’s rights under articles 9, paragraphs 3 and 4; 10, paragraph 1; and 14, paragraphs 1 and 5, of the Covenant. April 1998, and Saidova v. Tajikistan, communication No. 964/2001, Views adopted on 8 July 2004. 8 See decision in Gelazauskas v. Lithuania, communication No. 836/1998, Views adopted on 17 March 2003, and Domukovsky et al. v. Georgia, communications Nos. 623-624, and 627-628/1995, Views adopted on 6 April 1998. 91

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