CCPR/C/127/D/2719/2016
accused of a criminal act must be treated in accordance with this principle. Furthermore,
defendants should normally not be shackled or kept in cages during a trial, nor should they
be otherwise presented to the court in a manner indicating that they may be dangerous
criminals. 10 The media should avoid news coverage undermining the presumption of
innocence.
8.10 The Committee notes that the State party has failed to demonstrate that the measure
imposed on the author is consistent with article 14 (2) of the Covenant. In particular, it has
failed to demonstrate that placing the author in a metal cage during the public court
hearings, with his hands handcuffed, was necessary for the purpose of security or the
administration of justice, and that no alternative arrangements could have been made,
consistent with the rights of the author. Moreover, photographs of the author in handcuffs
were published in the mass media. On the basis of the information before it, the Committee
considers that the facts as presented demonstrate that the right of the author to be presumed
innocent, as guaranteed under article 14 (2) of the Covenant, has been violated.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of articles 7 and 14 (2) of the
Covenant.
10.
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, inter alia, to provide adequate compensation. The State party is also under an
obligation to take all steps necessary to prevent similar violations from occurring in the
future.
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 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 languages of the State party.
10
See, e.g., Burdyko v. Belarus (CCPR/C/114/D/2017/2010), para. 8.4; Selyun v. Belarus
(CCPR/C/115/D/2289/2013), para. 7.5; and Grishkovtsov v. Belarus (CCPR/C/113/D/2013/2010),
para. 8.4.
9