CCPR/C/130/D/3042/2017
it was effectively responding to the incident, despite the information about the deteriorating
situation and the need for assistance from Italy. In addition, the State party failed to explain
the delay in dispatching the ITS Libra towards the vessel in distress, even though the ITS
Libra was located only one hour away from the vessel and even after having been formally
requested to do so by the Maltese rescue centre. Finally, the Committee notes that the State
party has not clearly explained or refuted the authors’ claim that intercepted phone calls
indicate that the ITS Libra was ordered to sail away from the vessel in distress. In the light
of these facts, the Committee considers that Italy has failed to show that it has met its due
diligence obligations under article 6 (1) of the Covenant.
8.6
The Committee notes the authors’ claims that the authorities of the State party failed
to undertake an official, independent and effective investigation into the shipwreck in order
to ascertain the facts and to identify and punish those responsible for it, and that that failure
constituted a violation of the victims’ rights under article 6 read in conjunction with article 2
(3) of the Covenant, and a violation of the authors’ rights under article 7 read in conjunction
with article 2 (3). The Committee also notes the State party’s explanation that the
investigation into the shipwreck is still ongoing and that the investigation has been complex
owing to the high number of stakeholders involved and the difficult reconstruction of facts.
8.7
The Committee considers that the State party has not provided a clear explanation for
the long duration of the ongoing domestic proceedings, other than a general reference to their
complexity. Nor has the State party indicated the anticipated timeline for their completion.
In these circumstances, the Committee considers that the State party has failed to show that
it has met its duty to conduct a prompt investigation of the allegations relating to a violation
of the right to life and that, as a result, it has violated its obligations under article 6 (1) read
in conjunction with article 2 (3) of the Covenant.
8.8
Having concluded that, in the present case, there has been a violation of article 6, read
alone and in conjunction with article 2 (3), of the Covenant, the Committee decides not to
examine separately the authors’ claim under article 7 read in conjunction with article 2 (3).
9.
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 article 6, read alone and in
conjunction with article 2 (3), of the Covenant.
10.
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, bearing in mind the potential
responsibility of other States for the same incident. Accordingly, the State party is obligated,
inter alia, to take appropriate steps to proceed with an independent and effective investigation
in a prompt manner and, if found necessary, to prosecute and try those who are responsible
for the death and disappearance of the authors’ relatives. The State party is also under an
obligation to take all steps necessary to prevent similar violations from occurring in the future.
11.
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 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 language of the State party.
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