The Committee has already had the opportunity to
explain that this right may be invoked not only in the
context of arrest and detention, and that an
interpretation of article 9 which would allow a State
party to ignore threats to the personal security of
non-detained persons within its jurisdiction would
render ineffective the guarantees of the Covenant.1 In
the circumstances of the case, the Committee
concludes that the State party has violated
Mr. Bwalya's right to security of person under
article 9, paragraph 1.
5.1 In a submission dated 28 January 1992, the
State party indicates that "Mr. Peter Chiiko Bwalya
has been released from custody and is a free person
now". No information on the substance of the
author's allegations, nor copies of his indictment or
any judicial orders concerning the author, have been
provided by the State party, in spite of reminders
addressed to it on 9 January and 21 May 1992.
5.2 In a letter dated 3 March 1992, the author
confirms that he was released from detention but
requests the Committee to continue consideration of
his case. He adds that the change in the Government
has not changed the authorities' attitude towards him.
6.5 The author has claimed, and the State party
has not denied, that he continues to suffer
restrictions on his freedom of movement, and that
the authorities have refused to issue a passport to
him. This, in the Committee's opinion, amounts to a
violation of article 12, paragraph 1, of the Covenant.
6.1 The Committee has considered the
communication in the light of all the information
provided by the parties. It notes with concern that,
with the exception of a brief note informing the
Committee of the author's release, the State party has
failed to cooperate on the matter under consideration. It further recalls that it is implicit in article
4, paragraph 2, of the Optional Protocol that a State
party examine in good faith all the allegations
brought against it, and that it provide the Committee
with all the information at its disposal, including all
available judicial orders and decisions. The State
party has not forwarded to the Committee any such
information. In the circumstances, due weight must
be given to the author's allegations, to the extent that
they have been substantiated.
6.6 As to the alleged violation of article 25 of the
Covenant, the Committee notes that the author, a
leading figure of a political party in opposition to the
former President, has been prevented from
participating in a general election campaign as well
as from preparing his candidacy for this party. This
amounts to an unreasonable restriction on the
author's right to "take part in the conduct of public
affairs" which the State party has failed to explain or
justify. In particular, it has failed to explain the
requisite conditions for participation in the elections.
Accordingly, it must be assumed that Mr. Bwalya
was detained and denied the right to run for a
parliamentary seat in the Constituency of Chifubu
merely on account of his membership in a political
party other than that officially recognized; in this
context, the Committee observes that restrictions on
political activity outside the only recognized political
party amount to an unreasonable restriction of the
right to participate in the conduct of public affairs.
6.2 In respect of issues under article 19, the
Committee considers that the uncontested response
of the authorities to the attempts of the author to
express his opinions freely and to disseminate the
political tenets of his party constitute a violation of
his rights under article 19.
6.3 The Committee has noted that when the
communication was placed before it for
consideration, Mr. Bwalya had been detained for a
total of 31 months, a claim that has not been
contested by the State party. It notes that the author
was held solely on charges of belonging to a political
party considered illegal under the country's (then)
one-party constitution and that on the basis of the
information before the Committee, Mr. Bwalya was
not brought promptly before a judge or other officer
authorized by law to exercise judicial power to
determine the lawfulness of his detention. This, in
the Committee's opinion, constitutes a violation of
the author's right under article 9, paragraph 3, of the
Covenant.
6.7 Finally, on the basis of the information before
it, the Committee concludes that the author has been
discriminated against in his employment because of
his political opinions, contrary to article 26 of the
Covenant.
7.
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 as found by the
Committee disclose violations of articles 9,
paragraphs 1 and 3, 12, 19, paragraph 1, 25 (a) and
26 of the Covenant.
8.
Pursuant to article 2 of the Covenant, the State
party is under an obligation to provide Mr. Bwalya
with an appropriate remedy. The Committee urges
6.4 With regard to the right to security of person,
the Committee notes that Mr. Bwalya, after being
released from detention, has been subjected to
continued harassment and intimidation. The State
party has not contested these allegations. The first
sentence of article 9, paragraph 1, guarantees to
everyone the right to liberty and security of person.
1
Views on communication No. 195/1985 (Delgado
Páez v. Colombia), adopted on 12 July 1990, paras. 5.5
and 5.6.
25
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