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Human Rights Commitee - Jurisprudence
CCPR – 107th session
Click here to have access to all decisions adopted in six languages.
Reference |
Case Name |
Articles involved |
Subject matter |
Procedural issues |
Outcome |
Documents |
CCPR/C/107/D/1785/2008
Communication No. 1785/2008 |
Olechkevitch v. Belarus |
CCPR article 19 (2; 3)
OP-CCPR article 5 (2 (b)) |
Fining of an individual for distributing leaflets, in violation of the right to impart information without unreasonable restrictions |
Exhaustion of domestic remedies |
Views Violation |
A C E F R S |
CCPR/C/107/D/1787/2008
Communication No. 1787/2008 |
Kovsh (Abramova) v. Belarus |
CCPR articles 9(3); 14(1)
OP-CCPR articles 2; 5(2 (b)) |
Failure to promptly bring the author before a judge on two separate occasions. |
Exhaustion of domestic remedies; level of substantiation of a claim |
Views Violation |
A C E F R S |
CCPR/C/107/D/1788/2008
Communication No. 1788/2008 |
B.W.M.Z. v. The Netherlands |
CCPR article 14
OP-CCPR articles 2; 5(2 (b)) |
Conduct of disciplinary proceedings. Independence and impartiality of the tribunal; right to be heard |
Non exhaustion of domestic remedies; lack of substantiation |
Inadmissibility |
E S |
CCPR/C/107/D/1791/2008
Communication No. 1791/2008 |
Boudjemai v. Algeria |
CCPR articles 2 (3), 6 (1), 7, 9 (1–4), 10 (1), 16 and 17
OP-CCPR article 5 (2 (b)) |
Enforced disappearance. Right to life, prohibition of torture and cruel or inhuman treatment, right to liberty and security of person, respect for the inherent dignity of the human person, recognition as a person before the law and the right to an effective remedy; unlawful interference with the home. |
Exhaustion of domestic remedies |
Views Violation |
A C E F R S |
CCPR/C/107/D/1806/2008
Communication No. 1806/2008 |
Saadoun v. Algeria |
CCPR articles 2 (3), 7, 9 (1–4) and 16
OP-CCPR article 5 (2(b)) |
Enforced disappearance. Prohibition of torture and cruel and inhuman treatment, right to liberty and security of person, recognition as a person before the law and right to an effective remedy |
Exhaustion of domestic remedies |
Views Violation |
A C E F R S |
CCPR/C/107/D/1807/2008
Communication No. 1807/2008 |
Mechani v. Algeria |
CCPR articles 2 (3), 7, 9 (1-4), 10, 14 and 16
OP-CCPR article 5(2(b)) |
Enforced disappearance. Prohibition of torture and cruel or inhuman treatment, right to liberty and security of person, right of all persons deprived of their liberty to be treated with humanity and dignity, right to a fair trial, recognition as a person before the law and right to an effective remedy |
Exhaustion of domestic remedies |
Views Violation |
A C E F R S |
CCPR/C/107/D/1835&1837/
2008
Communication No. 1835 & 1837/2008 |
Yasinovich and Shevchenko v. Belarus |
CCPR article 19
OP-CCPR articles 2; 5(2 (b) |
Imposition of a fine for the alleged violation of the procedure for recall of a deputy of the House of Representatives. Right to freedom of expression, including freedom to seek, receive and impart information and ideas; permissible restrictions; discrimination on the ground of political opinion |
Level of substantiation of a claim; exhaustion of domestic remedies |
Views Violation |
A E S |
CCPR/C/107/D/1857/2008
Communication No. 1857/2008 |
A.P. v. Russian Federation |
CCPR article 14(1) read in conjunction with articles 2; 16; 18(2); 25((a) and (b))
OP-CCPR article 2 |
Restrictions on being able to register as a candidate for elections individually; coercion to accept ideology; limitation of legal personality; denial to determine rights in a suit at law by a competent, independent and impartial tribunal established by law. |
Level of substantiation of claims |
Inadmissibility |
E S |
CCPR/C/107/D/1861/2009
Communication No. 1861/2009 |
Bakurov v. Russian Federation |
CCPR articles 2; 6; 7; 14; 15; and 26
OP-CCPR articles 2; 5(2 (b)) |
Unavailability of a jury trial and commutation of the death sentence to life imprisonment. Right to effective remedy; right to life; prohibition of torture, cruel or inhuman and degrading treatment or punishment; right to a fair hearing by an independent and impartial tribunal; adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; right to legal assistance; right not to be compelled to testify against himself or to confess guilt; retroactive application of a criminal law providing for a lighter penalty; prohibition of discrimination |
Exhaustion of domestic remedies; level of substantiation of claims |
Views Non Violation |
E S |
CCPR/C/107/D/1886/2009
Communication No. 1886/2009 |
X v. The Netherlands |
CCPR article 14(5)
OP-CCPR article 2 |
Inability of a higher tribunal to review a sentence for reasons of anonymity |
Insufficient substantiation |
Inadmissibility |
E S |
CCPR/C/107/D/1904/2009
Communication No. 1904/2009 |
D.T.T. v. Colombia |
CCPR articles 14 ; 15
OP-CCPR articles 2 ; 5 (2 (b)) |
The author’s conviction for the offence of illicit enrichment. Right to a fair and public hearing by a competent and impartial tribunal; prohibition of retroactive application of criminal law. |
Exhaustion of domestic remedies; substantiation of claims |
Inadmissibility |
A C E F R S |
CCPR/C/107/D/1911/2009
Communication No. 1911/2009 |
T.J. v. Lithuania |
CCPR article 14(3 (c))
OP-CCPR article 5(2 (b)) |
Undue delay. Length of proceedings during pretrial investigation stages and court proceedings |
Non-exhaustion of domestic remedies |
Inadmissibility |
E S |
CCPR/C/107/D/1913/2009
Communication No. 1913/2009 |
Abushaala v. Libya |
CCPR articles 2(3), 6(1), 7, 9(1–4), 10(1) and 16 |
Enforced disappearance. Right to life, prohibition of torture and cruel and inhuman treatment, right to liberty and security of person, right of all persons deprived of their liberty to be treated with humanity and dignity, recognition as a person before the law and right to an effective remedy |
Lack of cooperation from the State party |
Views Violation |
A C E F R S |
CCPR/C/107/D/1917/2009, 1918/2009, 1925/2009, 1953/2010
Communications No. 1917/2009, 1918/2009, 1925/2009, 1953/2010 |
Prutina, Zlatarac, Kozica, Čekić v. Bosnia and Herzegovina |
CCPR articles 2(3); 6; 7; 9; 10; 16; 24(1)
OP-CCPR article 2 |
Enforced disappearance and effective remedy. Right to life, prohibition of torture and other ill-treatment, liberty and security of person, right to be treated with humanity and dignity, recognition of legal personality, right to an effective remedy, and every child’s right to such measures of protection as are required by their status as minor |
Insufficient substantiation |
Views Violation |
A C E F R S |
CCPR/C/107/D/1921/2009
Communication No. 1921/2009 |
K. S. v. Australia |
CCPR article 15(1)
OP-CCPR article 5, paragraph 2 (b) |
Changes in legislation imposing penalties after commission of a crime. |
Exhaustion of domestic remedies |
Inadmissibility |
E S |
CCPR/C/107/D/1938/2010
Communication No. 1938/2010 |
Q. H. L. v. Australia |
CCPR articles 6, 7, 9, 14, (3(g)); 17 alone and read in conjunction with 2 (1)
OP-CCPR articles 1;2; 3;5(2(b)) |
Deportation to China. Right to life, right to protection from cruel, inhuman or degrading treatment or punishment; right to be free from arbitrary detention; right to a fair trial; right to protection from interference with the family and home. |
Insufficient substantiation; inadmissible ratione materiae; non-exhaustion of domestic remedies. |
Inadmissibility |
E S |
CCPR/C/107/D/1943/2010
Communication No. 1943/2010 |
H.P.N. v. Spain |
CCPR articles 7, 10; 14(5; 7) |
The author’s conviction for the same offence for which he had allegedly already been convicted in the past. Prohibition of cruel treatment; rehabilitative aim of sentencing; right to have a conviction and sentence reviewed by a higher tribunal; prohibition of double jeopardy |
Failure to exhaust domestic remedies; failure to substantiate allegations |
Inadmissibility |
E S |
CCPR/C/107/D/1945/2010
Communication No. 1945/2010 |
Achabal Puertas v. Spain |
CCPR articles 7; 2(3)
OP-CCPR article 5(2 (a) and (b)) |
Torture in the course of incommunicado detention. Right not to be subjected to torture or to cruel, inhuman or degrading punishment or treatment; right to an effective remedy |
Matter already being examined under another procedure of international investigation or settlement; exhaustion of domestic remedies |
Views Violation |
S |
CCPR/C/107/D/1957/2010
Communication No. 1957/2010 |
Lin v. Australia |
CCPR articles 6, 7, 9, 17 alone and read in conjunction with 2(1)
OP-CCPR articles 2; 3 |
Deportation to China. Right to life, right to protection from cruel, inhuman or degrading treatment or punishment; right to be free from arbitrary detention; right to protection from interference with the family and home |
Insufficient substantiation; inadmissible ratione materiae |
Views Non Violation |
A C E S |
CCPR/C/107/D/1962/2010
Communication No. 1962/2010 |
S.N.A. v. Cameroun |
CCPR articles 1, 7, 9, 10, 17 and 19
OP-CCPR article 5(2 (b)) |
Arbitrary arrest and detention of a person accused of belonging to a separatist movement. Right of self-determination, prohibition of torture and cruel and inhuman treatment, right to liberty and security of person, respect for the inherent dignity of the human person, prohibition of arbitrary or unlawful interference with privacy, freedom of expression. |
Exhaustion of domestic remedies |
Inadmissibility |
E F S |
CCPR/C/107/D/2027/2011
Communication No. 2027/2011 |
Kusherbaev v. Kazakhstan |
CCPR articles 14(1) and 19
OP-CCPR article 1 |
Journalist found guilty of defamation against a politician and ordered to pay an important defamation award. Right to a fair hearing by an independent and impartial tribunal; restriction of the right to freedom of expression and opinion |
Admissibility ratione temporis |
Inadmissibility |
A E S |
CCPR- 106th session (October 2012)
Click here to have access to all decisions adopted in six languages.
Reference |
Case Name |
Articles involved |
Subject Matter |
Procedural issues |
Outcome |
Documents |
CCPR/C/106/D/1500/2006
Communication No. 1500/2006 |
M.N. et al. v. Tajikistan |
CCPR articles 5; 16; 17; 19; 22; 25(b) and 26 |
Persecution and discrimination on grounds of political opinion; freedom of opinion and freedom of association; right to be elected |
Non-substantiation of claims |
Inadmissibility
OP-CCPR article 2 |
E F R S A C |
CCPR/C/106/D/1821/2008
Communication No. 1821/2008 |
Sholam Weiss v. Austria |
CCPR articles 7;
14(5) ;
OPCCPR articles 1; 5(2 (b)) |
Inhumane and degrading treatment linked to the duration and disproportionality of a sentence;
Right to appeal |
Victim status;
Admissibility ratione loci;
Exhaustion of domestic remedies |
Views – Non-violation |
E F S R A C |
CCPR/C/106/D/1891/2009
Communication No. 1891/2009 |
J.A.B.G. v. Spain |
CCPR article 14 (3 (c); and 5)
OP-CCPR articles 2; 5 (2 (b)) |
Scope of the review in cassation by the Spanish Supreme Court
(Right to have the conviction and sentence reviewed by a higher tribunal) |
Non-exhaustion of domestic remedies;
Failure to substantiate claims |
Inadmissibility |
E F S R A C |
CCPR/C/106/D/1892/2009
Communication No. 1892/2009 |
J.J.U.B. v. Spain |
CCPR article 14 (5)
OP-CCPR articles 2; 5 (2 (b)) |
Scope of the review in cassation by the Spanish Supreme Court
(Right to have the conviction and sentence reviewed by a higher tribunal) |
Non-exhaustion of domestic remedies;
Non-substantiation of claims |
Inadmissibility |
E F S R A C |
CCPR/C/106/D/1932/2010
Communication No. 1932/2010 |
Fedotova v. Russian Federation |
CCPR articles 19; 26
OP-CCPR articles 3; 5(2)(b) |
Bringing the author to administrative responsibility for “public actions aimed at propaganda of homosexuality among minors” |
Abuse of the right of submission; exhaustion of domestic remedies |
Merits – Violation CCPR article 19(2), in conjunction with 26 |
E |
CCPR/C/106/D/1940/2010
Communication No. 1940/2010 |
Eligio Cedeño v. Venezuela |
CCPR articles 9; 14 (1; 2; 3(a), (b), and (c))
OP-CCPR article 5 (2 (a) and (b)) |
Conduct of the trial in a criminal case
(Arbitrary detention; violation of judicial guarantees) |
Domestic remedies unreasonably prolonged |
Merits-Violation of CCPR articles 9; 14 (1, 2, and 3(c)) |
E F S R A C |
CCPR/C/106/D/2073/2011
Communication No. 2073/2011 |
Naidenova et al. v. Bulgaria |
CCPR articles 2; 17; 26
OP-CCPR article 5(2)(a) and (b) |
Impending eviction and demolition of housing of the long-standing Roma community |
Examination by another procedure of international investigation or settlement; exhaustion of domestic remedies |
Merits – Violation CCPR article 17 |
E |
CCPR/C/106/D/2120/2011
Communication No. 2120/2011 |
Vladislav Kovalev et al. v. Belarus |
CCPR articles 6(1-2); 7; 9(1 and 3); 14 (1 and 2); 14(3) (b) and (d); 14(5); 18 |
Imposition of a death sentence after unfair trial |
Standing to act on behalf of an alleged victim;
State party’s failure to cooperate and non-respect of the Committee’s request for interim measures;
insufficient substantiation of claims;
non-exhaustion of domestic remedies |
Merits-Violation of CCPR articles 6; 7; 9(3); 14(1-2) 14(3)(b) and (g); and 14(5);
Violation of OP-CCPR article 1 |
E F R S A C |
CCPR/C/106/D/1779/2008
Communication No. 1779/2008 |
Bouzid Mezine v. Algérie |
CCPR articles 2 (par. 3), 6 (par. 1), 7, 9 (par. 1 to 4), 10 (par. 1) and 16 |
Enforced disappearance.
Right to life, prohibition of torture and cruel and inhuman treatment, right to liberty and security of person, respect for the inherent dignity of the human person, recognition as a person before the law and right to an effective remedy. |
Non-exhaustion of domestic remedies |
Merits-Violation of CCPR art.6, para. 1; art. 7; art.9; art.10, para.1; art.16, art.17, art.2, para.3, read in conjunction with art.6, para.1; art.7; art.9; art.10, para.1, and art.16 and art.17 of the Covenant with regard to Bouzid Mezine, and of art.7, read alone and in conjunction with art.2, para.3, and art.17 of the Covenant, with respect to the author. |
F |
CCPR- 105th session (July 2012)
Reference |
Case Name |
Articles involved |
Subject Matter |
Procedural issues |
Outcome |
Documents |
CCPR/C/105/D/1226/2003
Communication No. 1226/2003 |
Korneenko v. Belarus |
CCPR articles 14(1); 19(2); 22 (1); 25(a); 26
OP-CCPR articles 2; 5(2)(b) |
Holding the chairperson of a public association accountable under law for the use of computer equipment received as “untied foreign aid” for the preparation for and monitoring of elections and confiscation of the equipment in question |
Non-substantiation of claims; exhaustion of domestic remedies |
Merits – Violation CCPR article 22(1), in conjunction with 19(2) and also in conjunction with 25(a)
OP-CCPR article 1 |
|
CCPR/C/105/D/1303/2004
Communication No. 1303/2004 |
Chiti v. Zambia |
CCPR articles 2 (3);
6 ;
7;
14;
9;
17 ;
24
OPCCPR article 5(2 (b)) |
Right to an effective remedy;
Right to life
Torture,
Unfair trial,
Arbitrary arrest and detention;
Freedom of movement;
Right to privacy and family;
Right to child protection |
Exhaustion of domestic remedies |
Views – violation |
|
CCPR/C/105/D/1744/2007
Communication No. 1744/2007 |
Narrain
et al.
v. Mauritius |
CCPR articles 18; 25; 26
OPCCPR articles 3 and 5(2 (b)) |
Requirement for prospective candidates of elections to the National Assembly to identify themselves as members of one of the four categories of the Mauritian population. |
Non-exhaustion of domestic remedies; incompatibility with the provisions of the Covenant; abuse of the right of submission |
Views – violation |
|
CCPR/C/105/D/1558/2007
Communication No. 1558/2007 |
Katsaris v. Greece |
CCPR 2, (3), alone and read in conjunction with 7; 2, (1), and 26
OPCCPR article 5(2 (b)) |
Failure to investigate police violence and ill-treatment against ethnic Roma. |
Exhaustion of domestic remedies |
Views – violation |
|
CCPR/C/105/D/1753/2008
Communication No. 1753/2008 |
Guezout et al v. Algeria |
CCPR articles 2 (3);
6(1); 7; 9(1-4) ; 10(1) ; 16
OPCCPR article 5(2 (b)) |
Right to an effective remedy;
Right to life;
Prohibition of torture and cruel and inhuman treatment;
Right to liberty and security of the person; arbitrary arrest and detention; respect for the inherent dignity of persons deprived of their liberty;
Recognition as a person before the law. |
Exhaustion of domestic remedies |
Views – violation |
|
CCPR/C/105/D/1784/2008
Communication No. 1784/2008 |
Schumilin v. Belarus |
CCPR article 19, paras 2 and 3
OPCCPR article 5(2 (b)) |
Right to disseminate information; unjustified limitations. |
Exhaustion of domestic remedies. |
Violation of article 19, paragraph 2, of the Covenant. |
|
CCPR/C/105/D/1790/2008
Communication No. 1790/2008 |
Govsha, Syritsa and Mezyak v. Belarus |
CCPR articles 19; 21
OP-CCPR article 5(2)(b) |
Denial of authorization to organize a peaceful meeting |
Exhaustion of domestic remedies |
Merits – Violation CCPR articles 19; 21 |
|
CCPR/C/105/D/1840/2008
Communication No. 1840/2008 |
X.J. v. The Netherlands |
CCPR articles 17;
24
OPCCPR articles 1; 2; and 5(2 (b)) |
Right to privacy and family;
Right to child protection |
Exhaustion of domestic remedies; non-substantiation; and inadmissibility ratione materiae |
Inadmissibility decision |
|
CCPR/C/105/D/1863/2009
Communication No. 1863/2009 |
Dev Bahadur Maharjan v. Nepal |
CCPR 2 (3) alone and read in conjunction with 7, 9 and 10.
OPCCPR article 5(2 (b)) |
Arbitrary arrest and incommunicado detention, and acts of torture against a former teacher, on suspicion of membership in the Communist Party (Maoist). |
Exhaustion of domestic remedies |
Views – violation |
|
CCPR/C/105/D/1628/2007
Communication No. 1628/2007 |
Pavlyuchenkov v. Russian Federation |
CCPR articles 2, para. 3; 7; 10, para. 1; 14, para. 3(b), (d), (e) and (g) |
Ill-treatment by police upon arrest and unfair trial |
Non-exhaustion of domestic remedies
Non-substantiation of claims |
Merits – Violation CCPR article 10, para.1 |
|
CCPR/C/105/D/1834/2008
Communication No. 1834/2008 |
A.P. v. Ukraine |
CCPR articles 2, paras. 1, 3 (a) and 3(c); 4, para. 2; 7; 9, para. 1; 10, paras. 1 and 3; 14, paras. 1, 3 (b), (d) and (e); 14, para. 7; 19, para. 2 |
Alleged arbitrary arrest and detention; imposition of a life-imprisonment sentence, based on a confession of guilt extracted under torture and following an unfair trial with no adequate remedy |
Non-exhaustion of domestic remedies
Insufficient substantiation of claims |
Inadmissibility
OP-CCPR article 2 |
|
CCPR/C/105/D/1822, 1823, 1824, 1825&1826/2008Communications No.
1822/2008
18 23/2008
1824/2008
1825/2008
1826/2008
|
J.B.R., L.M.O.C., A.M.A.R., G.E.O.S. and B.E.L. (1822); S.M.R.M. (1823); A.D.O., E.S.C., F.O.Q. and G.G.R. (1824); E.M.C.B., M.C.P.J. and R.S.S.N. (1825); G.M.V. and N.C.P. (1826) v. Colombia |
CCPR articles 2 (2 and 3); 14 (1); 22(1); 26
OP-CCPR article 5(2 (b)) |
Refusal to authorise the establishment of a trade union
(Freedom of association) |
Failure to exhaust domestic remedies |
Inadmissibility |
E F S R A C |
CCPR- 104th session (March 2012)
Reference |
Case Name |
Articles involved |
Subject Matter |
Procedural issues |
Outcome |
Documents |
CCPR/C/104/D/1627/2007
Communication No. 1627/2007 |
V.P. v. Russian Federation |
CCPR articles 7; 14(1); 14(3) (a), (b), (c) and (d) |
Ill-treatment by police upon arrest and unfair trial |
Non-substantiation of claims |
Inadmissible
OP-CCPR article 2 |
|
CCPR/C/104/D/1634/2007
Communication No. 1634/2007 |
Korneenko v. Belarus |
CCPR articles 2, 14, 22
OP-CCPR article 2 |
Lack of implementation of the Committee’s Views in Communication No. 1274/2004 |
Non-substantiation of claims |
Inadmissible |
|
CCPR/C/104/D/1641/2007
Communication No. 1641/2007 |
Calderon v. Colombia |
CCPR articles 14 (1) (2) (5) (7) ; 15 ; 26
OP-CCPR article 2 |
The author’s conviction was not reviewed by a higher court |
Non-substantiation of claims |
Merits – Violation CCPR article 14 (5) |
|
CCPR/C/104/D/1750/2008
Communication No. 1750/2008 |
Sudalenko v. Belarus |
CCPR articles 14(1); 19(2) |
Seizure and partial destruction of electoral print materials in violation of the right to disseminate information without unreasonable restrictions |
Exhaustion of domestic remedies |
Merits – Violation CCPR article 19(2) |
|
CCPR/C/104/D/1752/2008
Communication No. 1752/2008 |
J.S v. New Zealand |
CCPR articles 2 (2 and 3); 9 (4); 14 (1)
OP-CCPR articles 1; 2; 3; 5 (2 (b)) |
Delay in the judicial review of a patient detention in a psychiatric hospital |
Failure to exhaust domestic remedies; non-substantiation of claims; actio popularis |
Inadmissible |
|
CCPR/C/104/D/1755/2008/Rev.1
Communication No. 1755/2008 |
El Hagog v. Libya |
CCPR articles 6; 7; 9; 10; 14
OPCCPR article 2 |
Torture; unfair trial; arbitrary arrest and detention; death penalty imposed following unfair trial |
Non-substantiation of allegations |
Merits – violation |
|
CCPR/C/104/D/1772/2008
Communication No. 1772/2008 |
Belyazeka v. Belarus |
CCPR articles 19(2); 21 |
Right to express opinions and right to hold peaceful assembly without unreasonable restrictions |
|
Merits – Violation CCPR articles 19(2) and 21 |
|
CCPR/C/104/D/1782/2008
Communication No. 1782/2008 |
Aboufaied. v. Libya |
CCPR articles 2 (3); 6(1); 7; 9 ; 10(1) ;
12(2) ; 14; 16; 19 ; 21
OPCCPR article 5(2 (b)) |
Right to an effective remedy; right to life; prohibition of torture and cruel and inhuman treatment; liberty and security of the person; arbitrary arrest and detention; respect for the inherent dignity of persons deprived of their liberty; liberty of movement and freedom to choose one’s residence; fair trial; recognition as a person before the law; freedom of expression; right to peaceful assembly |
State party’s failure to cooperate |
Merits – violation |
|
CCPR/C/104/D/1789/2008
Communication No. 1789/2008 |
G.E. v. Germany |
CCPR articles 17; 26
OP-CCPR article 5 (2 (b)) |
Discrimination based on age. Reservation made by Germany to article 26 ICCPR |
Exhaustion of domestic remedies |
Inadmissible |
|
CCPR/C/104/D/1801/2008
Communication No. 1801/2008 |
G. K. v. The Netherlands |
CCPR articles 7;
2(3) read in conjunction with 7 |
Risk of being detained and tortured if returned to Armenia; lack of adequate remedy |
|
Merits
Non-violation |
|
CCPR/C/104/D/1816/2008
Communication No. 1816/2008 |
K.A.L. and A.A.M.L. v. Canada |
CCPR articles 6 (1); 7; 9 (1); 18; 24 (1); 27
OP-CCPR articles 2; 3; 5 (2 (b)) |
Removal of the authors and their sons to Pakistan. Risk of arbitrary deprivation of life and other human rights violations if returned |
Non-substantiation of claims |
Inadmissible |
|
CCPR/C/104/D/1820/2008
Communication No. 1820/2008 |
Krasovskaya v. Belarus |
CCPR articles 2(3), 6, 7, 9, 10
OP-CCPR article 5 (2(b)) |
Enforced disappearance |
Exhaustion of domestic remedies |
Merits – Violation CCPR article 2(3) in conjunction with articles 6 and 7 |
|
CCPR/C/104/D/1828/2008
Communication No. 1828/2008 |
Olmedo v. Paraguay |
CCPR articles 2 (3); 6(1)
OP-CCPR article 5 (2 (b)) |
Deprivation of a person’s life while he was participating in a demonstration; lack of an effective remedy |
Exhaustion of domestic remedies |
Merits – Violation CCPR articles 2 (3); 6 (1) |
|
CCPR/C/104/D/1829/2008
Communication No. 1829/2008 |
Benitez v. Paraguay |
CCPR articles 2 (3); 7 |
Arrest of a person during a demonstration and torture |
|
Merits – Violation CCPR articles 2 (3); 7 |
|
CCPR/C/104/D/1853-1854/2008
Communications No. 1853-1854/2008 |
Atasoy and Sarkut v. Turkey |
CCPR article 18(1)
OP-CCPR article 5(2(b)) |
Conscientious objection to military service |
Exhaustion of domestic remedies |
Merits – Violation CCPR article 18(1) |
|
CCPR/C/104/D/1858/2009
Communication No. 1858/2009 |
Y.M. v. Russian Federation |
CCPR articles 2(3); 7; 9; 10(1); 14(1); 16; 26 |
Illegal arrest and ill-treatment by customs officers due to ethnic discrimination |
Exhaustion of domestic remedies
Non-substantiation of claims |
Inadmissible
OP-CCPR article 2 |
|
CCPR/C/104/D/1859/2009
Communication No. 1859/2009 |
Kamoyo v. Zambia |
CCPR articles 6; 7;
14(3 c) and 5)
OPCCPR article 5(2 b)) |
Right to life; mandatory nature of the death penalty; torture, cruel, inhuman or degrading treatment; Due process; right to trial without delay; right to judicial review |
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Merits – violation |
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CCPR/C/104/D/1866/2009
Communication No. 1866/2009 |
Chebotareva v. Russian Federation |
CCPR article 14(1), 21
OP-CCPR article 2 |
Refusal to issue permission to conduct pickets |
Non-substantiation of claims |
Merits – Violation CCPR article 21 |
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CCPR/C/104/D/1880/2009
CCPR/C/104/D/1880/2009/Corr.1
Communication No. 1880/2009 |
Nenova et al v. Libya |
CCPR articles 2; 6; 7; 9; 10(1); 14; 26 |
Torture; unfair trial; arbitrary arrest and detention; death penalty imposed following unfair trial; lack of effective remedy; discrimination |
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Merits – violation |
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CCPR/C/104/D/1883/2009
Communication No. 1883/2009 |
Orazova v. Turkmenistan |
CCPR articles 2(3) (a) and (b); 12(1) and (2); 14(1); 17(1) |
Unjustified restrictions on travelling abroad and within the country; unlawful police surveillance, including unauthorized home searches, phone tapping and interference with correspondence |
Non-substantiation of claims |
Merits – Violation CCPR article 12(2) |
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CCPR/C/104/D/1905/2009
Communication No. 1905/2009 |
Khirani v. Algeria |
CCPR articles 2(3); 6(1); 7; 9; 10(1); 16
OP-CCPR article 5 (2 (b)) |
Enforced disappearance |
Exhaustion of domestic remedies |
Merits – Violation CCPR articles 2 (3); 6 (1) ; 7; 9; 10; 16 |
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CCPR/C/104/D/1914, 1915 &1916/2009
Communications No. 1914, 1915 & 1916/2009 |
Musaev v. Uzbekistan |
CCPR articles 7; 9 (3);
OP-CCPR article 2 |
Failure to promptly bring a person detained on a criminal charge before a judge and to adequately address torture allegations ; proceedings in violation of fair trial guarantees |
Non-substantiation of claims |
Merits – Violation CCPR articles 7; 9; 14, (3(b) (g)),(5) |
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CCPR/C/104/D/2058/2011
Communication No. 2058/2009 |
O.D. v. Russian Federation |
CCPR article 14
OP-CCPR article 2 |
Right to a fair hearing by an impartial tribunal |
Non-substantiation of claims |
Inadmissible |
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