CCPR/C/125/D/2524/2015
the detention of Mr. Magomadov or to investigate his current whereabouts and considers
that it amounts to inhuman treatment of the author, in violation of article 7 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of Mr. Magomadov’s rights under article 6 (1),
read alone and in conjunction with articles 2 (3) and 9 (1), and the author’s rights under
article 7 of the Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. That requires it to make full reparation to
individuals whose rights under the Covenant have been violated. Accordingly, the State
party is obligated, inter alia, to take appropriate steps to (a) conduct a thorough, prompt and
impartial investigation into Mr. Magomadov’s disappearance and his current whereabouts;
(b) provide all information regarding the investigation to the author; and (c) provide
adequate compensation and other measures of satisfaction to the author for the violations
that have occurred. The State party is also under an obligation to take all steps necessary to
prevent similar violations from occurring in the future.
10.
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 for all individuals within its territory or 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
disseminate them widely in the official languages of the State party.
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