make a finding concerning a violation of the author's
right to privacy under this provision.
comment No. 20 (44) on article 7,2 which reads in
part:
10.3 With regard to the author's allegations that he
was subjected to arbitrary detention, the Committee
notes that the State party has not disputed the
author's description of the reasons for his detention,
i.e. his political opinions contrary to those of the
Sandinista Government. The Committee has also
taken note of the many annexes to the author's
submissions, including the relevant report from the
Nicaraguan Departamento de Seguridad del Estado
and the evaluation of the case by Amnesty
International. In the light of all the information
before it, the Committee finds that the author's arrest
and detention violated article 9, paragraph 1, of the
Covenant.
"Article 7 should be read in conjunction
with article 2, paragraph 3 ... The right to lodge
complaints against maltreatment prohibited by
article 7 must be recognized in the domestic law.
Complaints must be investigated promptly and
impartially by competent authorities so as to make
the remedy effective ...
"... States may not deprive individuals of
the right to an effective remedy, including
compensation and such full rehabilitation as may
be possible."
In this respect, the State party has indicated that the
author may institute actions before the Nicaraguan
courts. Notwithstanding the possible viability of this
avenue of redress, the Committee finds that the
responsibility for investigations falls under the State
party's obligation to grant an effective remedy.
10.4 As to the author's allegations that he was
denied a fair trial, the Committee finds that the
proceedings before the Tribunales Especiales de
Justicia did not offer the guarantees of a fair trial
provided for in article 14 of the Covenant. In
particular, the Committee observes that the author's
allegation that he was repeatedly put under duress to
sign a confession against himself, in contravention of
article 14, paragraph 3 (g), has not been contested by
the State party.
11. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol, is of
the view that the facts before it disclose violations of
articles 7, 9, paragraph 1, 10, paragraph 1, and 14,
paragraph 3 (g), of the Covenant.
12. The Committee is of the view that
Mr. Roberto Zelaya Blanco is entitled, under
article 2, paragraph 3 (a), of the Covenant to an
effective remedy. It urges the State party to take
effective measures (a) to grant appropriate
compensation to Mr. Zelaya for the violations
suffered, also pursuant to article 9, paragraph 5, of
the Covenant; (b) to carry out an official
investigation into the author's allegations of torture
and ill-treatment during his detention; and (c) to
ensure that similar violations do not occur in the
future.
10.5 With regard to the author's allegations of
having been subjected to torture and ill-treatment, the
Committee observes that the author's submissions are
very detailed and that he mentions the names of the
officers who ordered, participated in or were
ultimately responsible for the ill-treatment. Moreover,
the author has named numerous witnesses of the
alleged mistreatment. In the circumstances and
bearing in mind that the State party has not disputed
the author's allegations, the Committee finds that the
information before it sustains a finding that the author
was a victim of a violation of articles 7 and 10,
paragraph 1, of the Covenant.
13. The Committee would wish to receive
information, within 90 days, on any relevant
measures adopted by the State party in respect of the
Committee's Views.
10.6 The Committee considers violations of
articles 7 and 10, paragraph 1, of the Covenant to be
extremely
serious,
and
requiring
prompt
investigation by States parties to the Covenant.
Inthis context, the Committee refers to its general
2
Adopted at the Committee's forty-fourth session,
in 1992; see Official Records of the General Assembly,
Forty-seventh Session, Supplement No. 40 (A/47/40),
annex VI.A, paras. 14 and 15.
35
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