CCPR/C/128/D/2710/2015
observes that this essential element was ignored by the prosecution and the courts, and was
neither assessed nor contested in the State party’s observations. The Committee also
observes the State party merely states that it relied on a forensic medical report, the victim’s
testimony and eyewitnesses in establishing the author’s guilt, without providing any
explanation or documents in substantiation.
8.5
In light of the above considerations, the Committee considers that the State party’s
competent authorities have failed to give due and adequate consideration to the author’s
complaints of torture made during the domestic criminal proceedings. In these
circumstances, the Committee concludes that the facts before it disclose a violation of the
author’s rights under article 7, read alone and in conjunction with article 2 (3) (a) and
article 14 (3) (g), 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 by the State party of the author’s rights under
article 7, read alone and in conjunction with article 2 (3) (a) and article 14 (3) (g), 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 take appropriate steps to: (a) quash the author’s conviction and, if
necessary, conduct a new trial, in accordance with the principles of fair hearings and other
procedural safeguards; (b) carry out a prompt, impartial, effective and thorough
investigation into the author’s allegations of torture, and initiate criminal proceedings
against those responsible; and (c) provide the author with 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 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 present
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.
8