CCPR/C/122/D/2181/2012
violations could in and of itself give rise to a separate breach of the Covenant. In the
present case, the information before the Committee indicates that the out-of-court
(administrative) procedure was not an effective remedy and that the national courts refused
to initiate proceedings owing to lack of jurisdiction. In the absence of any information from
the State party as to the merits of the present communication, the Committee concludes that
the author’s rights under articles 7 and 10 (1) of the Covenant, read alone and in
conjunction with article 2 (3) (a) of the Covenant, have been violated.
8.5
In the light of that conclusion, the Committee decides not to examine separately the
author’s remaining claims under article 14 (1) of the Covenant.
9.
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 7 and 10 (1)
of the Covenant, read alone and in conjunction with article 2 (3) (a) of the Covenant. The
Committee reiterates its conclusion that the State party has also violated its obligations
under article 1 of the Optional Protocol.
10.
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. This requires it to make full
reparation to individuals whose Covenant rights have been violated. In the present case, the
State party is under an obligation, inter alia, to provide adequate compensation to the author,
including reimbursement of any legal costs incurred, as well as appropriate measures of
satisfaction. The State party is also under an obligation to take steps to prevent similar
violations in the future, including by amending the current system of complaints regarding
conditions of detention to ensure that complainants have access to effective remedies.
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 all the official languages of the State party.
6