CCPR/C/113/D/2087/2011
information from the State party, the Committee concludes that the rights of Sunil
Hemachandra under article 9 of the Covenant were violated.
7.
The Human Rights Committee, acting under article 5 (para. 4) of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
facts before the Committee reveal violations by Sri Lanka of article 6 (para. 1), read alone
and in conjunction with article 2 (para. 3), of article 7, and of article 9 (paras. 1, 2 and 4), in
respect of Sunil Hemachandra; and of article 2 (para. 3), read in conjunction with article 7,
in respect of the authors.
8.
In accordance with article 2 (para. 3 (a)) of the Covenant, the State party is under an
obligation to provide the authors with an effective remedy, which includes a prompt,
thorough and independent investigation into the facts; ensuring that the perpetrators are
brought to justice; and ensuring reparation, including the payment of adequate
compensation and a public apology to the family. The State party should also take measures
to ensure that such violations do not recur in the future.
9.
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 or not 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 or subject to its
jurisdiction the rights recognized in the Covenant and to provide an effective and
enforceable remedy when a violation has been established, 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 translated into the official languages of the State party and widely
disseminated.
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