Advance unedited version CCPR/C/132/D/2361/2014
restrict freedom of expression, and the necessity and proportionality of the specific action
taken, in particular by establishing a direct and immediate connection between the expression
and the threat.25
7.11 In the present case, the Committee notes that the State party has not advanced any
arguments as to the lawfulness and compatibility of the psychiatric detention and involuntary
hospitalization with the requirements of article 19(3) of the Covenant. Therefore, the
Committee finds that the State party has failed to justify that the restriction of the author’s
impartment of information and ideas by his involuntary confinement was necessary and
proportionate to the legitimate aim pursued, as set out in article 19 (3) of the Covenant. The
Committee concludes that the author’s rights under article 19 of the Covenant have been
violated.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of the rights of the author under
articles 7, 9(1), 14(1) and 19, 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 provide the author with adequate compensation including
reimbursement for any legal costs incurred by him. The State party is also obligated, 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 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.
25
Ibid., paras 35, 36.
7