CCPR/C/114/D/2234/2013
rights have taken place in this case. In the circumstances, the Committee considers that due
weight must be given to the author’s allegations. 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 articles 9 (1), (2) and (4), 14 (1) and (3) (b) and (e),
19 (2), 21 and 22 of the Covenant.
7.9
In the light of the above findings, the Committee will not examine separately the
author’s allegations under articles 10 and 17 (1) of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol to the Covenant,
is of the view that the State party has violated articles 7, 9 (1), (2) and (4), 14 (1) and (3) (b)
and (e), 19, 21, 22 and 26 and article 2 (3), read in conjunction with article 7, with regard to
the author.
9.
In accordance with article 2 (3) (a) of the Covenant, the Committee considers that
the State party is under an obligation to provide the author with an effective remedy,
including carrying out an impartial, effective and thorough investigation into the allegations
of torture and ill-treatment, initiating criminal proceedings against those responsible and
providing the author with appropriate compensation. The State party is also under an
obligation to take steps to prevent similar violations occurring in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State has
recognized the competence of the Committee to determine whether there has been a
violation of the Covenant or not 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, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to its
Views. The State party is also requested to publish the Committee’s Views, to translate
them into the official language, in an accessible format, and to widely disseminate them.
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