CCPR/C/126/D/2383/2014
7.6
The author was forcibly prevented from attending the assembly, which he organized
at October Square on 19 December 2010, and was subsequently convicted of having
organized and participated in mass disorder. There are no indications that the planned
assembly was not going to be peaceful or that preventing the author’s participation in it was
justified under article 21 of the Covenant. Accordingly, the Committee concludes that the
author’s rights under article 21 were violated. In view of this finding, the Committee does
not find it necessary to consider the author’s claims under article 19 (2) of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the information before it discloses violations by the State party of the author’s rights
under article 7, on its own and read in conjunction with article 2 (3) and articles 9 (3) and
21 of the Covenant.
9.
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) conduct a thorough and effective
investigation into the author’s allegations of beatings on 19 December 2010 and prosecute,
try and punish those responsible for the attack on the author; and (b) provide adequate
compensation to the author for the violations suffered. The State party is also under an
obligation to take all steps necessary to prevent similar violations from occurring in the
future.
10.
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 or 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
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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