the circumstances, the Committee considers that the
supervisory review cannot be characterized as an
“appeal”, for the purposes of article 14, paragraph 5,
and that this provision has been violated.8
12. In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide Mr. Bandajevsky with an
effective
remedy,
including
appropriate
compensation. The State party is also under an
obligation to prevent similar violations in the future.
10.14 Finally, on the author’s claim under article 19,
in that he was persecuted because of his criticism of
certain Government positions, especially on the
consequences of the Chernobyl disaster, the
Committee notes that the State party has repeatedly
emphasized that the author was prosecuted and
sentenced for bribery only. In the absence of any
other relevant information on this particular issue,
and given the general nature of the author’s claim,
the Committee considers that there has been no
violation of article 19 of the Covenant.
13. 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
or not 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 and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee’s Views. The
State party is also requested to publish the
Committee’s Views.
11. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts before it disclose a
violation of Mr. Bandajevsky’s rights under articles
9, paragraphs 3 and 4; 10, paragraph 1; and 14,
paragraphs 1 and 5, of the Covenant.
April 1998, and Saidova v. Tajikistan, communication
No. 964/2001, Views adopted on 8 July 2004.
8
See decision in Gelazauskas v. Lithuania,
communication No. 836/1998, Views adopted on
17 March 2003, and Domukovsky et al. v. Georgia,
communications Nos. 623-624, and 627-628/1995, Views
adopted on 6 April 1998.
91
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