CCPR/C/116/D/2099/2011
by the State party’s authorities into the author’s allegations of torture to extract his
confession, the Committee concludes that the facts before it disclose a separate violation of
the author’s rights under article 14 (3) (g) of the Covenant.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the State party has violated the author’s rights under article 7 read by itself and in
conjunction with articles 2 (3) and 14 (3) (g) of the Covenant.
11.
In accordance with 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. Accordingly, the State
party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the
author’s allegations of torture during his pretrial detention; (b) provide him with detailed
information on the results of the investigation; (c) prosecute, try and, if confirmed, punish
those responsible for the violations committed; (d) provide the author with a retrial with all
the guarantees enshrined under the Covenant; and (e) provide adequate compensation to the
author for the violations suffered. The State party is also under an obligation to take
measures to prevent similar violations in the future.
12.
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 the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the State party.
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