CCPR/C/119/D/2555/2015
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 that States parties make full
reparation to individuals whose Covenant rights have been violated. In the present case, the
State party is under an obligation: (a) to quash the author’s conviction and its attendant
consequences, including terminating without delay his incarceration on that basis, and, if
necessary, conduct a new trial, in accordance with the principles of fair hearings,
presumption of innocence and other procedural safeguards; and (b) to conduct a full and
effective investigation into the author’s allegations of torture, to prosecute the perpetrators
and punish them with appropriate sanctions, and to provide adequate compensation and
appropriate measures of satisfaction. 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 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 its
Views. The State party is also requested to publish the present Views and to have them
translated into the official language of the State party and widely disseminated.
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