CCPR/C/114/D/2234/2013
7.5
The Committee notes the author’s allegations that the State party has failed to
investigate promptly and efficiently her torture allegations. The Committee recalls that it
attaches importance to States parties’ establishing appropriate judicial and administrative
mechanisms for addressing claims of rights violations. 10 It recalls its general comment No.
31 (2004) on the nature of the general legal obligation imposed on States parties to the
Covenant, which states that a State party’s failure to investigate alleged violations could in
and of itself give rise to a separate breach of the Covenant. In the absence of any thorough
explanation from the State party as to the investigation into the author’s torture allegations,
the Committee considers that the State party’s competent authorities did not give due and
adequate consideration to the author’s complaints of torture. The Committee concludes that
the information before it discloses a violation of article 2 (3), read in conjunction with
article 7 of the Covenant.
7.6
The Committee has noted the author’s claims that the gang rape committed against
her, as well as the sterilization without her consent, constitute violations of article 26, as
they amount to discrimination on the basis of her sex; and that by arbitrarily and unlawfully
arresting and detaining, and later prosecuting and convicting, her on account of her human
rights activities, the State party additionally violated her rights under article 26, which
protects against discrimination on grounds of political or other opinion. The Committee
notes that the State party has not refuted these allegations specifically but that it has only
stated, in general terms, that no violations of the author’s right have taken place in this case.
In the circumstances, the Committee considers that due weight must be given to the
author’s allegations. The Committee notes that the involuntary sterilization together with
the rape committed against the author show the specific aggression against her as a woman.
Accordingly, the Committee considers that, in the circumstances of the present case, the
facts as presented by the author amount to a violation of the author’s rights under article 26
of the Covenant.
7.7
The Committee has noted the author’s claims that: the State party failed to promptly
inform her of the reasons for her arrest and detention, contrary to article 9 (2) of the
Covenant, and to bring her before a judge or enable her to challenge the legality of
detention, contrary to, respectively, article 9 (3) and article 9 (4) of the Covenant; the State
party failed to ensure her right to a fair trial by an independent and impartial court, contrary
to article 14 (1), to provide her with adequate time and facilities for the preparation of her
defence and to communicate with her lawyers, contrary to article 14 (3) (b), and to allow
for the procedural guarantees enshrined in article 14 (3) (e); when she was attacked, while
holding pickets in May and August 2003, the authorities failed to adequately investigate the
women attacking her and, on both occasions, the author was charged for holding an
unlawful demonstration and therefore the State party violated her rights under article 19 of
the Covenant; the law enforcement authorities brought criminal charges against her for
organizing an unlawful demonstration with regard to the pickets held by the author in May
and August 2003, which restricted her freedom of assembly under article 21 and the
restrictions were not justified as they were neither in the interest of national security or
public safety, nor necessary for the protection of public health, morals or rights and
freedoms of others; that the author was detained, charged, indicted and later convicted and
imprisoned for the establishment of an unregistered public organization, severely restricting
her freedom of association in violation of article 22 (2) of the Covenant.
7.8
The Committee notes that the State party has not refuted these allegations
specifically but that it has only stated, in general terms, that no violations of the author’s
10
14
See communication 2046/2011, Hmeed and others v. Libya, Views adopted on 17 October 2014, para.
6.8.