CCPR/C/126/D/2773/2016
his attempted to lodge first information report complaints that would trigger the
investigation and prosecution of those responsible for subjecting him to child and forced
labour. It further notes that the State party, to date, has not conducted any investigation into
his child and forced labour allegations. The Committee is of the view that the author has
presented a credible description of the facts as to what he was subjected to as a domestic
worker and the impossibility of attending school in those circumstances. Therefore, the
Committee considers that the failure of the State party to protect the author, who was 14
years of age at the time, from such abuses and its failure to conduct any investigation into
his allegations, especially given that he was a child, constitutes a violation of his rights
under article 8 (3), read in conjunction with articles 2 (3) and 24 (1), of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose violations by the State party of article 7, read alone and in
conjunction with articles 2 (3) and 24 (1), article 8 (3), read in conjunction with articles 2 (3)
and 24 (1), and article 9, read alone and in conjunction with article 24 (1), 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: (a) investigate the facts of the case and ensure that those found
responsible are sanctioned with penalties commensurate with the gravity of the crimes and,
if necessary, suspend or remove suspected police officers while the investigation is ongoing;
(b) provide free of charge medical and psychological care, if needed; (c) provide effective
reparation and appropriate measures of satisfaction to the author for the violations suffered,
including the provision of educational support, as appropriate; (d) ensure that the author
obtains prompt, fair and adequate compensation, proportional to the gravity of the
violations suffered; and (e) indicate the specific domestic authorities that are in charge of
implementing each measure of reparation. The State party is also under an obligation to
take all steps necessary to prevent the occurrence of similar violations in the future. In
particular, the State party should ensure the removal of legal, practical and administrative
obstacles that hinder the filing and investigation of complaints and effective access to
justice and compensation for victims of torture and victims of child and forced labour,
including by amending the legislation and statutes of limitations in accordance with
international standards 25 and by criminalizing torture and slavery, with sanctions and
remedies commensurate with the gravity of such crimes and consistent with its obligations
under article 2 (2) of the Covenant.
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 for all individuals within its territory or 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.
25
14
See, for example, Committee against Torture, general comment No. 3, para. 40.