Centre For Civil and Political Rights (CCPR)
Human Rights Committee Case-Law Digest
Decisions adopted during
March 2012 session (104th)
Issue No. 3 
November 2012
Contents:
Editorial

 

We are very pleased to issue the third newsletter on the individual communications adopted by the Human Rights Committee at its 104th session held in March 2012. 
 
Information and details related to the Human Rights Committee decisions are available on our new database at :
http://www.ccprcentre.org/decisions-search/ 
 
 
 

The CCPR team

 


Featured case: Atasoy and Sarkut v. Turkey
Interview with Rachel Brett on conscientious objection to military service 
The CCPR Centre had the chance to interview Rachel Brett, the Representative on Human Rights and Refugees at the UN Quaker Office, on the significance of the Atasoy and Sarkut case in the evolving jurisprudence of the UN Human Rights Committee on the right to conscientious objection to military service. In a second interview Rachel spoke about the similarities and differences between the jurisprudence of the Human Rights Committee and the European Court of Human Rights on this issue.  
 
As Rachel highlighted the majority decision in the case of Atasoy and Sarkut v. Turkey confirms that the right to conscientious objection to military service is now protected not only as a manifestation of religion or belief, but also as an inherent part of the religion or belief of the individuals concerned. This means that the right to conscientious objection is protected under article 18.1 of the ICCPR, which is not subject to limitation on grounds of public safety, order, health, or morals or the fundamental rights and freedoms of others... Read more.

Watch the interview on the Atasoy and Sarkut case:
lnterview Rachel Brett, UN Quaker Office

Watch the interview on the jurisprudence of the Human Rights Committee
and the European Court of Human Rights:
Rachel Brett on European Court for Human Rights and UN Human Rights Committee


Human Rights Committee
Case-Law 
algeriaKhirani v. Algeria - CCPR/C/104/D/1905/2009 
Full text of decision - F |A|
Summary

 

Article 23 - Effective remedy.  Failure by the State party to conduct an effective investigation into the disappearance of the victim.  Absence of the legal right to take judicial proceedings since the adoption of a national Ordinance, depriving the victim of access to an effective remedy.  VIOLATION  
Article 7 - Torture.  Suffering involved in being held indefinitely without contact with the outside world and the fact that the fate of the victim is still unknown.  VIOLATION 
Article 9 - Arbitrary detention.  Arrest without a warrant, without being informed of the reasons of arrest and detention. Failure to bring the victim before a judicial authority.  VIOLATION 
Article 101 - Right of detainees to humane treatment. Persons deprived of their liberty may not be subjected to any hardship or constraint other than resulting from the deprivation of liberty and must be treated with humanity and respect for their dignity.  Incommunicado detention and lack of information provided by the State party.  VIOLATION    
Article 16 - Legal personality. Enforced disappearances aim to remove the victim from the protection of the law and thus deprived him of the right to recognition as a person before the law.  VIOLATION 
BelarusKrasovskaya v. Belarus - CCPR/C/104/D/1820/2008
Full text of decision - ER |
Summary

 

Article 23 in conjunction with Articles 6 and 7 - Effective remedy (right to life and torture/ill-treatment). Failure to establish appropriate judicial and administrative mechanisms for addressing human rights violations. Lack of investigation into the victim's disappearance over a period of ten years. VIOLATION

 Belyazeka v. Belarus - CCPR/C/104/D/1772/2008
Full text of decision - E | R |
Summary 


Article 192 - Freedom of expression.  Authorisation procedures for holding a mass event constitute restrictions on the exercise of freedom to impart information.  These restrictions do not comply with the strict test of necessity and proportionality under Art. 193.  VIOLATION
Article 21 - Freedom of assembly.  Failure to establish legitimate criteria for restricting freedom of assembly with regard to the commemoration in which the author participated.  VIOLATION
Sudalenko v. Belarus -  CCPR/C/104/D/1750/2008
Full text of decision -  E | R |
Summary 

 

Article 192 - Freedom of expression.  Confiscation of printed materials relating to the author's election campaign, thereby establishing obstacles to the exercise of freedom to impart information.  VIOLATION  

ColombiaCalderon v. Colombia - CCPR/C/104/D/1641/2007
Full text of decision - E | S |
Summary

 

Article 145 - Right to an appeal. The author did not have access to the right to have his conviction reviewed following a final decision of the Supreme Court.  VIOLATION

 
LibyaAboufaied v. Libya - CCPR/C/104/D/1782/2008
Full text of decision -  E |A|
Summary    
  
Article 23 in conjunction with Articles 61, 7, 9, 101 and 16 - Effective remedy in relation to right to life, torture and ill-treatment, arbitrary detention, conditions of detention and legal personality.  Failure to provide an effective remedy for violation of other rights.  VIOLATION   

Article 7 - Torture and ill-treatment. The victims were both detained incommunicado for different duration without any contact with the outside world.  VIOLATION 

Article 91 - Arbitrary detention.  Detention in the absence of an arrest warrant and without judicial review exceeding the duration prescribed by law.  VIOLATION  

Article 93 - Arbitrary detention. Rights of detainees. Failure to inform victims of the reasons for their arrest. Failure to bring victims before a judge.  VIOLATION   

Article 101 - Conditions of detention. Torture, incommunicado detention and unsanitary detention conditions.  VIOLATION 

Article 122 - Freedom of movement.  Confiscation of one of the victims' passport without any explanation.  VIOLATION   

Article 141, 3(a) and (d) - Fair hearing, information on charge and right to defence.  Hearing held in a closed session in the absence of the accused. Inability to prepare an effective defence due to restrictions on meetings with lawyer. Failure to inform the victim of charges against him in a timely manner.  VIOLATION 

Article 16 - Legal personality.  Incommunicado detention by State agents for a prolonged period of time with relatives impeded from seeking remedies, amounting to enforced disappearance, which is recognised as a violation of the right to recognition of legal personality.  VIOLATION 

Full text of decisionE | A |     
Summary 

  

Article 7 alone, and in conjunction with Article 23 - effective remedy in relation to torture/ill-treatment. Incommunicado detention in isolation for a prolonged period, torture. Failure to promptly investigate allegations of torture.  VIOLATION 

Article 9 - Arbitrary detention.  Delay of four months in bringing the victim before the public prosecutor and of one year before bringing him before a judge. Failure to inform victim of charges against him and lack of access to legal counsel.  VIOLATION

Article 14 - Fair hearing.  The victim was denied access to a lawyer until 10 days into his trial and was not able to consult with him privately. Dismissal of evidence from the hearing without cause. Use of a confession extracted by torture.  VIOLATION  

Article 10 - Conditions of detention.  Not examined separately in light of the finding of a violation in relation to Art. 7 alone and in conjunction with Art.2 3.  NO VIOLATION  

NetherlandsG.K. v. Netherlands - CCPR/C/104/D/1801/2008
Full text of decisionE |
Summary 

  

Article 7 - Torture and ill-treatment. Deportation of a failed asylum applicant to Armenia. The author did not adequately explain the inconsistencies noted by the State in his statements during the asylum procedure regarding the torture and ill-treatment he was allegedly subjected to. As the author was not politically active and a long period of time has passed since the 2008 elections, there was insufficient evidence that the author was likely to be subjected to violations of Art. 7 if returned to Armenia.  NO VIOLATION

23 read in conjunction with 7 - Effective remedy.  Use of expedited asylum procedure. The author was given multiple opportunities to supplement his asylum request, and that the evidences brought before administrative institutions were not sufficient to overcome the contradictions revealed by his differing accounts of the events preceding his departure to Armenia.  NO VIOLATION  

 ParaguayBenitez Gamarra v. Paraguay - CCPR/C/104/D/1829/2008  
Full text of decision - 
E  | S |  
Summary

Article 7 - Torture.  Credible allegations of physical and psychological mistreatment of a detainee, corroborated by forensic expertise and by the prosecutor's investigation.  VIOLATION

Article 23 and Article 7 - Torture and effective remedy. Belated indictment of two suspects accused of torture, followed by an unjustified request to temporary stay the proceedings in order to gather further evidence, which lead the courts to refuse the request and dismiss the case due to lack of evidence.  VIOLATION

 Olmedo v. Paraguay - CCPR/C/104/D/1828/2008   
Full text of decision - 
E  |S |  
Summary

Article 6 1 and Article 23 - Right to life and effective remedy.  Belated and ineffective investigation into the arbitrary execution of a demonstrator by police officers, where no autopsy was carried out and the projectile extracted from the victim's body was misplaced. VIOLATION

 RussiaChebotareva v. Russian Federation - CCPR/C/104/D/1866/2009   
Full text of decision - 
E  |R |
Summary

Article 21 - Freedom of assembly.  The city administration obstructed two pickets from taking place. Explanation to as why restrictions of the events were necessary was not satisfactory.  VIOLATION 

 TurkeyAtasoy and Sarkut v. Turkey - CCPR/C/104/D/1853-1854/2008
Full text of decision - E |
Summary

 

Article 181 - Freedom of thought, conscience, religion and belief. Conscientious objection to compulory military service.  VIOLATION 

TurkmenistanOrazova v. Turkmenistan - CCPR/C/104/D/1883/2009
Full text of decision - E |  
Summary
 

Article 122 - Freedom of movement. Suspension of right to travel without legal grounds.  VIOLATION

UzbekistanMusaev v. Uzbekistan -  CCPR/C/104/D/1914, 1915 &1916/2009
Full text of decision - E | R |
Summary
 
Article 7 and Article 143 (g) - Torture, ill-treatment and self incrimination.  Failure to investigate claims of torture and forced confession.  VIOLATION 
Article 93 - Rights of detainees.  Lack of independence and impartiality in the exercise of judicial power. VIOLATION
Article 143 (b) - Preparation of defence.  The victim was given only one day to study his charges after the preliminary investigation despite the three day allowance prescribed in the Criminal Procedure Code. Lack of access to lawyer and to contents of the trial.  VIOLATION
Article 145 - Right to appeal.  Refusal to allow victim to access judgement of the trial and prevention of lodging of an appeal.  VIOLATION  
ZambiaKamoyo v. Zambia - CCPR/C/104/D/1859/2009 
Full text of decision -
E | F 
Summary

 

Article 6 - Right to life. Death penalty following a criminal proceeding which was not in accordance with due process.  VIOLATION

Article 7 - Torture and ill-treatment.  Prolonged detention on death row as ill treatment.  VIOLATION

Article 143 (c) and 5 - Expeditiousness of the trial and right to appeal.  Appeal has been pending before the Supreme Court since 1995.  VIOLATION

inadmissibleInadmissible cases:
O.D. v. Russian Federation - CCPR/C/104/D/2058/2011 
Full text of decision - E | R
Y.M. v. Russian Federation - CCPR/C/104/D/1858/2009 
Full text of decision - E |  
K.A.L. and A.A.M.L. v. Canada - CCPR/C/104/D/1816/2008   
Full text of decision - | F   
G.E. v. Germany - CCPR/C/104/D/1789/2008
Full text of decision - E  | F  
Korneenko v. Belarus - CCPR/C/104/D/1634/2007
Full text of decision - ER  
E.I. v. Belarus - CCPR/C/104/D/1606/2007
Full text of decision -  ER