CCPR/C/123/D/2537/2015
legal requirements. Since the author was convicted of offences involving State assets, the
Supreme Court also ordered that he should be barred from holding public office. The State
party’s observations do not refute the lifelong character of the ban. Rather, they maintain
that such a restriction was imposed by the Supreme Court in fair judicial proceedings and
that this measure is legal, objective, reasonable and proportional (para. 9.2). The Committee
also observes that the Supreme Court ordered that the author’s civil rights be restricted for
the same duration as the main sentence (17 years and 5 months), and that the author has not
contested this measure. Against this backdrop, the Committee must determine whether the
lifelong suspension of the author’s rights under article 25, which continues to apply after
the main sentence has been served, is compatible with the Covenant. The Committee
considers that States parties pursue a legitimate aim in combating acts of corruption and
protecting the treasury, and therefore the public interest, for the purpose of preserving the
democratic order. Thus, a State party may have a legitimate interest in restricting the access
of persons convicted of crimes of corruption to public office. To this end, the State party
may impose a lifelong suspension of the rights protected under article 25 of the Covenant
only in the most exceptional cases, for serious crimes and when justified by the individual
circumstances of the convicted person. Any such ban must be based on objective grounds
and be foreseeable.13 In this case, the Committee observes that the author was found guilty
of the serious crimes committed by him in the exercise of his functions as Minister of
Agriculture, the highest public official of the ministry in question, and that such crimes
significantly affected the State’s assets. Having established the criminal liability of the
author, the Supreme Court automatically imposed a lifelong suspension of his rights under
article 25 of the Covenant, in accordance with article 122 of the Constitution, as amended
by Legislative Act No. 01 of 2004, which was in force at the time of the events in question
(see footnote 1 above). The duration of this ban considerably exceeds that of the main
sentence imposed on the author. The Committee observes that the ban provided for in
article 122 of the Constitution is described in vague terms and is not subject to any time
limit, and that the conditions for imposing such a ban are likewise referred to in such terms,
thereby limiting their foreseeability. Moreover, in the light of the information made
available to the Committee by the parties, the Committee observes that the Supreme Court
did not conduct a meaningful individualized assessment of the proportionality of the
restriction of the author’s rights under article 25 of the Covenant. In the operative part of its
judgment, which imposed the ban in question, the Court did not explicitly consider the
specific circumstances of the serious crimes of which the author had been convicted. The
Court likewise failed to sufficiently explain how the specific circumstances of the case
justified the imposition of a lifelong suspension. In view of the foregoing, the Committee
finds that the available information does not enable it to conclude that, in this case, the
lifelong restrictions imposed on the author’s rights under article 25 of the Covenant by the
Supreme Court were proportional. Accordingly, the Committee concludes that the State
party violated the author’s rights under article 25 of the Covenant.
12.
The Committee, acting under article 5 (4) of the Optional Protocol to the Covenant,
is of the view that the facts before it disclose a violation of articles 14 (5) and 25 of the
Covenant.
13.
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 that full reparation
be made to individuals whose Covenant rights have been violated. The Committee
considers that, in the present case, its Views on the merits of the complaint constitute
sufficient reparation for the violation found. The State party is also under an obligation to
take all necessary steps to prevent the occurrence of similar violations in the future,
including a review of its legislation to ensure that any restriction of the right to take part in
the conduct of public affairs and to be elected is reasonable and proportional and is based
on an individualized assessment of each case.
14.
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 or not there has
been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State
13
14
Paksas v. Lithuania (CCPR/C/110/D/2155/2012), para. 8.4.
GE.18-22078
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