Advance unedited version CCPR/C/132/D/2711/2015
Minimum Rules for the Treatment of Prisoners.5 The Committee notes that the State party
has not contested the information provided by the author on her conditions of detention, nor
has it provided any information in this respect. In these circumstances, due weight must be
given to the author’s allegations to the extent that they are substantiated. The Committee
considers, as it has repeatedly found in respect of similar substantiated claims, 6 that the
author’s conditions of detention as described violated her right to be treated with humanity
and with respect for the inherent dignity of the human person, and are therefore also contrary
to article 10 (1), a provision of the Covenant dealing specifically with the situation of persons
deprived of their liberty and encompassing for such persons the elements set out generally in
article 7. For these reasons, the Committee finds that the circumstances of the author’s
detention, as described by the author, constitute a violation of articles 7 and 10 (1) of the
Covenant.
7.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the information before it discloses a violation by the State party of articles 7 and 10 (1) of the
Covenant.
8.
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. 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 steps necessary to
prevent similar violations from occurring in the future.
9.
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 the official languages of the State party.
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6
Aminov v. Turkmenistan (CCPR/C/117/D/2220/2012), para. 9.3.
Bobrov v. Belarus (CCPR/C/122/D/2181/2012), para. 8.2; Weerawansa v. Sri Lanka
(CCPR/C/95/D/1406/2005), para. 7.4; and Evans v. Trinidad and Tobago (CCPR/C/77/D/908/2000),
para. 6.4.
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