CCPR/C/115/D/2214/2012
party has violated the author ’s rights under articles 7 and 9, read in conjunction with
article 2, paragraph 3, of the Covenant.
6.5 The Committee notes as well the author ’s allegations under article 10, paragraph
1, to the effect that he was held in an ANR detention centre in deplorable conditions,
spending seven days in different cells, with the one on the first day measuring 12
square metres, the next one measuring 3 square metres and then two others that were
even smaller; and that all the cells were permeated by a nauseating stench. The
Committee notes that the author had no access to food or water during the first two
days of his detention; that he had a shared bucket to use as his only toilet; that he had
no access to daylight; and that he had no access to medical care except on the last day
of his detention, despite the acts of torture to which he had been subjected. It also
notes the alleged failure of the State party to separate male and female prisoners and
to protect their privacy and dignity. In view of the gravity of the allegations
concerning the deplorable conditions of detention described by the author in his
communication, and in the absence of any information from the State party to refute
them, the Committee concludes that there was a separate violation of article 10,
paragraph 1, of the Covenant.
6.6 Having reached the above conclusions, the Committee will not examine the
claims of a violation of article 16 of the Covenant.
6.7 The Committee notes that the author ’s arrest at his home took place without a
warrant and was accompanied by acts of violence in the presence of one of his
daughters; that, after the author had escaped from the State party’s territory, his home
remained under close surveillance and his wife was subjected to act s of intimidation;
that, on various occasions, ANR agents went to the home to try to find out from her
the whereabouts of her husband; and that these facts were reported to the United
Nations Organization Mission in the Democratic Republic of the Congo. Th e
Committee also notes that the author was forced to flee and to seek refugee status for
him and his family in the United Kingdom, resulting in a three -year separation of the
family after the author ’s departure from the Democratic Republic of the Congo. In the
absence of observations from the State party and taking into consideration all
circumstances of the present case, the Committee considers that these facts constitute
arbitrary and unlawful interference with the author ’s privacy, home and family.
Accordingly, the Committee concludes that the State party violated the author ’s rights
under article 17, read alone and in conjunction with article 23, of the Covenant.
7.
The Committee, acting under article 5, paragraph 4, of the Optional Protocol, is
of the view that the information before it discloses a violation of articles 7 and 9 of the
Covenant, read alone and in conjunction with article 2, paragraph 3; article 10,
paragraph 1; and article 17, read alone and in conjunction with article 23, of the
Covenant.
8.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is
under an obligation to provide the author with an effective remedy. The State party is
therefore required to provide full reparation to individuals whose Covenant right s have
been violated. In the present case, the State party is under an obligation to, inter alia,
carry out an effective and complete investigation of the facts, prosecute and punish the
perpetrators, and provide full reparation and appropriate measures of satisfaction. The
State party is also under an obligation to take steps to prevent similar violations 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 d etermine whether or not
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
GE.15-22873
11/17