United Nations

CCPR/C/113/3

International Covenant on Civil and Political R ights

Distr.: General

29 June 2015

Original: English

Human Rights Committee

Follow-up progress report on individual communicationsreceived and processed between June 2014 and January 2015*

I.Introduction

1.At its thirty-ninth session,theHuman Rights Committee established a procedure and designated a Special Rapporteur to monitor follow-up onits Views adopted under article 5(4) of the Optional Protocol to the International Covenant on Civil and Political Rights. The Special Rapporteur for follow-up on Views prepared the present reportin accordance with rule 101, paragraph 3, of the Committee’s rules of procedure.

2.The Committee has concluded that there have been violations of the Covenant in 922 of the 1,088 Viewsit has adopted since 1979.

3.At its 109th session, the Committee decided to include in its reports on follow-up to Views an assessment of the replies received from and action taken by States parties. The assessment is based on the criteria applied by the Committee in the procedure for follow-up toitsconcluding observations (seeannex I).

4.The present report sets out the information provided by States parties and authors of communications, or their counsel or representatives, between June 2014 and January 2015. A complete picture of the information provided by States parties in replies received by the Committee prior to its 113th session, held from 16 March to 2 April 2015, to Views indicating the existence of a violation of the Covenant are contained in the table in annex II.

5. During the 113th session, the Special Rapporteur for follow-up on Views sought meetings with Bosnia and Herzegovina and France to discuss implementation of the Committee’s Views. Both meetings were postponed to the 114th session.

II.Follow-up information on individual communications received and processed between June 2014 and January 2015

Australia

Case

Horvath, 1885/2009

Views adopted on

27 March 2014

Violation

Article 2 (3), in connection witharticles 7, 9 (1) and 17, of the Covenant

Remedy: Effective remedy, including adequate compensation. The State party should review its legislation to ensure its conformity with the requirements of the Covenant.

No previous follow-up information

Submission from: State party

Date of submission: 20 October 2014

The relevant authorities in the State of Victoria apologized and compensated the author. Compensation was calculated taking into account damages awarded by domestic courts, the amounts the author had already received, the passage of time and the circumstances of the case.

The Victoria Police Act was also amended, and now ensures that victims of police misconduct are compensated, while ensuring that policeofficers do not avoid consequences for abuse of office. Police officers may still be personally liable for serious and wilful misconduct. If the victim cannot obtain compensation from the police officer responsible, the State must pay compensation.

Submission from: Author’s counsel

Date of submission: 12 December 2014

The author is grateful for the apology received from the Chief Commissioner of the Victoria police and acknowledges the ex gratia payment made to her by the State of Victoria by way of compensation. However, the amount paid did not take into account her legal representative’s costs, which the State of Victoria declined to pay.

The bill for the new Victoria Police Act was introduced before the adoption of the Committee’s Views. It is thus misleading to present those legislative amendments as a way of ensuring conformity with the Covenant.

Also, the situation is not clear regarding remedies in cases in which the defendant’s conduct was serious and wilful, but he or she is impecunious and unable to pay damages. The State would then pay anamount only in certain circumstances.

In addition, the State party has not addressed the shortcomings the Committee identified in the internal disciplinary proceedings with respect to the police officers involved.

Furthermore, the State party should review its laws across its federal territory in order to discharge is obligation to avoid future violations.

Moreover, it is not known whether the Views were published and disseminated as required.

Transmittal to State party: 8 January 2015

Committee’s assessment:

Effective remedy, including adequate compensation: A

Legislative review: A

Publication of the Views: No information

Non-repetition: A

Committee’s decision: Follow-up dialogue ongoing.

Austria

Case

Lederbauer, 1454/2006

Views adopted on

13 July 2007

Violation

Article 14 (1)of the Covenant

Remedy: Effective remedy, including compensation.

Previous follow-up information: A/63/40

Submission from: State party

Date of submission: 19 December 2014

The Committee’s Views were published in the original English version as well as in German on the website of the Austrian Federal Chancellery. They were also disseminated to all authorities and institutions involved in the case. As at1 January 2014, the Austrian legal protection mechanism against individual decisions of administrative authorities has been fundamentally reorganized, guided by the aim to fully comply with the State party’s obligations under international law, particularly the right to a fair hearing, including the right to be heard within a reasonable time. A federal administrative court, a federal financial court and regional administrative courts of the Länder were established to hear appeals against decisions taken by administrative authorities. The new system makes it easier for applicants to pursue their rights before courts, and the average duration of proceedings is expected to be reduced significantly, in particular before the Constitutional Court and the High Administrative Court.

Moreover, owing to internal measures taken in recent years, the High Administrative Court has already managed to reduce considerably the number of cases pending and the average duration of procedures.

As for individual measures, the author met senior Austrian government representatives several times to discuss compensation. Unfortunately, no agreement could be reached on a friendly settlement owing to the author’s excessive claims, which went far beyond the compensation granted by the European Court of Human Rights in comparable cases. The author initiated proceedings before the Federal Attorney’s Office and claimed€100,000 in compensation. His claims were declared unfounded. The author did not appeal the decision.

In addition to the judicial review, the Austrian Constitution also provides for the possibility of a complaint to the Austrian Ombudsman Board should a person feel that he or she has been treated unfairly by the Austrian administration.

Transmittal to the author: 12 January 2015

Committee’s assessment:

Effective remedy, including adequate compensation: B1

Legislative review: A

Publication of the Views: A

Non-repetition: A

Committee’s decision:Follow-up dialogue ongoing, pending receipt of comments from the author.

Azerbaijan

Case

Avadanov , 1633/2007

Views adopted on

25 October 2010

Violation

Article 7, read in conjunction with article 2 (3),of the Covenant

Remedy:An effective remedythrough, inter alia, ofan impartial investigation of the author’s claim under article 7, prosecution of those responsible and appropriate compensation.

Previous follow-up information:A/69/40

Submission from: Author

Date of submission: 16 June 2014 and 29 October 2014

The author’s case remains unanswered.

Transmittal to State party: 21 October 2014 and 12 November 2014 respectively.

Committees decision: Follow-up dialogue ongoing. A reminder will be sent to the State party.

Bosnia and Herzegovina

Case

Prutina et al., 1917/2009, 1918/2009, 1925/2009 and 1953/2010

Views adopted on

28 March 2013

Violation

Article 2 (3), read in conjunction with articles 6, 7 and 9,of the Covenantwith regard to all of the authors and their disappeared relatives; article 24(1) of the Covenant with regard to Alma Čardaković and Samir Čekić

Remedy:Effective remedy, including (a) continuing the State party’s efforts to establish the fate or whereabouts of the authors’ relatives, as required by the Law on Missing Persons 2004; (b) bringing to justice those responsible for their disappearance by the end of 2015, as required by the National War Crimes Strategy; (c) abolishing the obligation for family members to declare their missing relatives dead to benefit from social allowances or other forms of compensation; and (d) ensuring adequate compensation.

Previous follow-up information:A/69/40

Submission from: Authors

Date of submission: 21 July 2014

The authorities of the State party have yet to implement the reparationmeasures recommended by the Committee.

The authors express satisfaction at the ongoing prosecution of Mr. Damjanović for his involvement in the commission of crimes against their relatives. However, the State party has failed to notify the authors about the specific steps taken to investigate the relevant cases since April 2014, including with respect to case KT-RZ 55/06, which was assigned to a new prosecutor. The authors remain concerned at the State party’s lack of capacity to deal with complex criminal cases before the end of 2015.

On 4 July 2014,BrankoVlačo was sentenced to 15 years’ imprisonment for crimes against humanity. The sentence was too lenient in the authors’ opinion, and does not address the enforced disappearance of their loved ones. To date, no perpetrator has been convicted for the enforced disappearance of their relatives.

With respect to legislative amendments, the authors stress that the proposed amendments to the law on social welfare, protection of civilian victims of war and protection of families with children have been approved by the House of Representatives of Parliament and must now be considered by the House of Peoples. Discussion on amendments to the law on the rights of veterans and their family members was withdrawn from the agenda and should be rescheduled in the coming months. Until the final approval of the proposed amendments to both laws, the authors consider the Committee’s recommendation to be unimplemented.

The authors also reiterate that they have yet to obtain compensation. The State party has failed to clarify which authority isresponsible for granting them compensation. They would have no prospect of success under the law on obligations, as the majority of similar claims were declared time-barred. The Ministry of Human Rights and Refugees should put in place an effective mechanism, other than ordinary civil proceedings, to ensure that authors of communications whose rights the Committee finds to have been violated have access to compensation.

The authors stress that article 27 of the law on missing persons, which provides that three years after the law’s entry into force persons registered as missing between 30 April 1991 and 14 February 1996 shall be declared dead, is problematic, as it obliges people to declare their loved ones dead, possibly against their wishes, which may amount to a form of ill-treatment.

Transmittal to the State party: 27 October 2014

Committees decision: Follow-up dialogue ongoing.

Bosnia and Herzegovina

Case

Al Gertani , 1955/2010

Views adopted on

1 November 2013

Violation

Article 9 (1), (2) and (4) of the Covenantand,should the author be removed to Iraq, articles 17 and 23

Remedy:Effective remedy, including adequate compensation. The State party should either release the author on appropriate conditions or provide him with an adequate opportunity to challenge all grounds on which his detention is based. It should also undertake a full reconsideration of the reasons for removing the author to Iraq and the effects thereof on his family life, prior to any attempt to return the author to his country of origin.

Previous follow-up information: A/69/40

Submission from: State party

Date of submission: 18 June, 3 July and 24 November 2014

The State party submits that it is still possible for the author to challenge the decision of 7 March 2011of the Administrative Dispute Chamber ordering his expulsion. To do so, he should file a request for review before the Appellate Administrative Panel of the Court.

The State party also provides information on the author’s links with international terrorism and concludes that he still poses a threat to the national security of Bosnia and Herzegovina, and that there are no obstacles to his expulsion. The length of his detention is attributable onlyto the author and his efforts to delay the deportation process.

The State party recalls that, on 8 May 2014, the authorities decided to impose a milder levelof surveillance of the author and that he was accordingly allowed limited movement in the town of Banoviči and requested to report to Banoviči police station on Wednesdays, Saturdays and Sundays, and to the foreigners’ affairs Tuzla field office on Mondays, Tuesdays, Thursdays and Fridays by telephone. That decision was upheld by the Ministry of Security on 2 June 2014, which rejected as unfounded the author’s appeal of 2 June 2014. The State party thus submits that all appropriate measures have been taken and that the remedy requested by the Committee has been implemented.

Submission from: Author

Date of submission: 14 July 2014

The State party has yet to implement the Committee’s recommendation. The author has used all the available remedies, including appeals before the Constitutional Court, which has rejected his challenge to his deportation of 27 November 2010. It would thus be futile to file a further appeal before this jurisdiction.

Transmittal to the State party: 23 October 2014

Committee’s assessment:

Effective remedy, including adequate compensation: C1

Release (or adequate opportunity to challenge all grounds on which his detention is based): A

Full reconsideration of the reasons for removal to Iraq and the effects thereof on his family life, prior to any attempt to return the author to his country of origin: C1

Publication of the Views: A

Non-repetition: C1

Committees decision: Follow-up dialogue ongoing.

Bosnia and Her zegovina

Case

Rizvanović, 1997/2010

Views adopted on

21 March 2014

Violation

Article 2 (3), read in conjunction with articles 6, 7 and 9, of the Covenantwith regard to the authors and their disappeared relative,and article 7,read alone and in conjunction with article 2 (3), with respect to the authors

Remedy:Effective remedy, including appropriate compensation. The State party should continue its efforts to establish the fate or whereabouts of MensudRizvanović and to bring those responsible for his disappearance to justice by the end of 2015. It should also amend the current law, which provides that social benefits and reparations to relatives of victims of enforced disappearance are subject to the declaration of the death of the victim.

No previous follow-up information

Submission from: State party

Date of submission: 11 August 2014

The Missing Persons Institute has provided information to 71 individuals about the measures taken to find their missing family members. Eleven cases were closed, meaning that the missing person was exhumed, identified and, in most cases, buried.

The State party also describes the steps taken to establish the fund for support to the families of missing persons. An amendment to the Law on Missing Persons in this respect is still pending before the House of Peoples. In addition, an operational team was established by the RepublikaSrpskagovernment in an attempt to expedite the tracing of missing persons, in line with the Law on Missing Persons.

The Committee’s Views were translated and published on the webpage of the Ministry of Human Rights and Refugees. The Views were also disseminated among relevant authorities across the country

Submission from: Author’s counsel

Date of submission: 16 October 2014

The fate and whereabouts of the author’s husband remain unknown. The Prosecutor’s Office has not opened a new criminal case and it is highly unlikely that this can be done by the end of 2015. The fund for the support of relatives of missing persons has yet to be established. Even if it had been, it would merely provide social assistance and not proper reparation. The State party has not amended the law establishing that relatives of victims of enforced disappearance are entitled to reparation only after having obtained a court decision.

The State party should establish a mechanism similar to the one that is in place to enforce decisions of the European Court of Human Rights, or alternatively reach an ad hocagreement with the author that would ensure she received adequate and fair compensation.

Submission from: State party

Date of submission: 4 December 2014

In July 2014, the Prosecutor of the Special Department for War Crimes opened case T20 0 KTARZ 0009129 14 concerning the author’s relative. In October 2014, the Prosecutor’s Office ordered the State Investigation and Protection Agency to take action in order to collect evidence.

Efforts are being made to speed up the prosecution process. The recruitment of 13 new prosecutors was approved by the Ministry of Justice in June 2014 andthe capacity of the Prosecutor’s Office was increased.

The Missing Persons Institute has tried to track down the author’s relative,but to no avail. The author will be notified of any new findings.

Transmittal to the author: 10 December 2014

Committee’s assessment:

Continuing efforts to establish the fate or whereabouts of the author’s relative: B1

Continuing efforts to bring those responsible to justice by the end of 2015: B1

Abolishing the obligation for family members to declare their missing relatives dead in order to be able to benefit from social allowances: B1

Ensuring adequate compensation: C1

Publication of the Views: A

Non-repetition: C1

Committees decision:Follow-up dialogue ongoing.

Cameroon

Case

Afuson Njaru, 1353/2005

Views adopted on

19 March 2007

Violation

Articles 7, 9(1) and (2) and 19(2),in conjunction with article 2(3),of the Covenant

Remedy:Effective remedy, including (a) prompt prosecution and conviction of the persons responsiblefor the author’s arrest and ill-treatment; (b) protection from threats and/or intimidationfrom members of the security forces; and (c) effective reparation, including full compensation.

Previous follow-up information:A/69/40

Submission from: Author’s counsel

Date of submission: 28 November 2014

The State party has failed to meet its obligation to promptly and effectively investigate, prosecute and convict those responsible for the violations and it is not implementing the Committee’s Views. The author reiterates that he received threats and was subjected toacts of intimidation that were never investigated. The State party has failed to ensure that similar violations do not occur in the future. The compensation offered by the State party is not in accordance with the damages suffered. The author stresses that the State party should not have discretionary power to establish a monetary sum for compensation.

Transmittal to the State p arty: 2 December 2014

Committees decision: Follow-up dialogue ongoing.

Cameroon

Case

Akwanga, 1813/2008

Views adopted on

22 March 2011

Violation

Articles 7, 10(1) and (2), 9(2) to (4) and 14of the Covenant

Remedy:Effective remedy, which should include a review of the author’s conviction with the guarantees enshrined in the Covenant, an investigation of the alleged events and prosecution of the persons responsible, as well as adequate reparation, including compensation.

Previous follow-up information:A/69/40

Submission from: Author’s counsel

Date of submission: 31 July 2014

The State party is not implementing the Committee’s Views in good faith. The State party has replied to the counsel’s follow-up communication over a year after the supposed deadline, demonstrating a lack of interest in taking steps to implement the Committee’s recommendations. The State party has not dealt with the compensation claim. The obligation to provide compensation is not related to the outcome of the investigation and a proper remedy must be provided promptly and simultaneously with all the other measures. The State party has not started a proper criminal investigation. Furthermore, it has requested the physical presence of the author,against whom an international arrest warrant is in force, in the country with the aim of arresting him and without considering the risk of harassment to which he could be exposed.

Transmittal to the State party: 14 October 2014

Committees decision:Follow-up dialogue ongoing.

Colombia

Case

Bonilla Lerma, 1611/2007

Views adopted on

26 July 2011

Violation

Article 14(1)of the Covenant

Remedy:Effective remedy, including adequate compensation.

Previous follow-up information:A/68/40

Submission from: Author

Date of submission: 24 September 2014

The author’s request for monetary compensation remains unanswered and he cannot return to Colombia from Costa Rica, where he is a refugee, as the threats which prompted his and his family’s flight from Colombia in 2005 remain.

Submission from: State party

Date of submission: 5 December 2014

The Inter-Sectoral Human Rights and International Humanitarian Law Commission took note of the author’s arguments and will inform the Committee when a decision has been reached.

Transmittal to author: 10 December 2014

Committee’s assessment:

Remedy: C1

Publication of the Views: No information

Non-repetition: C1

Committees decision: Follow-up dialogue ongoing.

Denmark

Case

X., 2007/2010

Views adopted on

26 March 2014

Violation

Article 7 of the Covenant

Remedy: Effective remedy, including a full reconsideration of the author’s claim regarding the risk of treatment contrary to article 7 if he is returned to Eritrea.

No previous follow-up information

Submission from: State party

Date of submission:18 September 2014

Following the transmittal of the Committee’s Views, the Refugee Appeals Board decided to reopen the author’s asylum case. By a decision of 27 May 2014, the Board decided to grant the author a residence permit under article 7(2) of the Danish Aliens Act. As the author has a residence permit, he will not be returned to Eritrea.

The Views were published on the webpage of the Ministry of Foreign Affairs.

Transmittal to the author: 29 October 2014

Committee’s assessment:

Effective remedy, including reconsideration of claim: A

Publication of the Views: A

Non-repetition: No information

Committee’s decision:Follow-up dialogue ongoing, pending confirmation from the author that he has received a residence permit. A reminder will be sent to the author.

France

Case

J.O., 1620/2007

Views adopted on

23 March 2011

Violation

Article 14 (2) and (5), jointly with article 2,of the Covenant

Remedy:Effective remedy, including a review of the author’s criminal conviction and appropriate compensation.

Previous follow-up information:A/69/40

Submission from: Author

Date of submission: 16 June 2014

The State party has yet to provide the author with an effective and enforceable remedy.

Committees decision:Follow-up dialogue ongoing.

France

Case

Cochet, 1760/2008

Views adopted on

21 October 2011

Violation

Article 15 (1) of the Covenant

Remedy: Effective remedy, including appropriate compensation.

Previous follow-up information:A/69/40

Submission from:Author’s counsel

Date of submission: 30 June 2014

It appears that the State party does not intend to implement the Views. The Government of France could very well return the amounts of money paid by the author under the terms of the disputed decision.

Transmittal to the State party: 4 November 2014

Committees decision:Follow-up dialogue ongoing.

France

Case

Singh, 1928/2010

Views adopted on

19 July 2013

Violation

Article 18 of the Covenant

Remedy:Effective remedy, including a reconsideration of the author’s application for renewal of his passport and the revision of the relevant rules and their application in practice, in the light of the State party’s obligations under the Covenant.

Previous follow-up information:A/69/40

Submission from:State party

Date of submission:3 June 2014

The State party reiteratesthat, taking into account security risks and the need to fight fraud, it does not intend to modify its domestic administrative regime, which was found to comply with the European Convention on Human Rights.

Transmittal to the author: 13 June 2014

Committee’s assessment:

Remedy : C1

Publication of the Views: C2

Non-repetition: C2

Committees decision: Follow-up dialogue ongoing.

Kazakhstan

Case

Israil ,2024/2011

Views adopted on

31 October 2011

Violation

Articles9 (1), read together with article 2 (3) (a), 6 and 7, read alone and together with article 2,of the Covenant

Remedy:Effective remedy, including adequate compensation. The State party is requested to put in place effective measures to monitor the author’s situation, in cooperation with the receiving State, and to regularly provide the Committee with updated information on the author’s situation.

No previous follow-up information

Submission from: State party

Date of submission: 3 November 2014

According to information provided by the Embassy of Kazakhstan in China, the author was released from jail in May 2014. Detailed information will be provided.

Transmittal to the author: 11 November 2014

Committee’s assessment:

Compensation: C1

Effective measures to monitor the author’s situation: B2

Publication of the Views: No information

Non-repetition: No information

Committees decision:Follow-up dialogue ongoing.

Kazakhstan

Case

Valetov , 2104/2011

Views adopted on

17 March 2014

Violation

Article 7 of the Covenant

Remedy:Effective remedy, including appropriate compensation and effective measures to monitor the author’s situation, in cooperation with the receiving State.

No previous follow-up information

Submission from: State party

Date of submission: 4 November 2014

Representatives of the Embassy of Kazakhstan in Kyrgyzstan visited the author on 8 October 2014 in the detention facility in Bishkek, and had a telephone conversation with his lawyer. The Shuiski Regional Court of Kyrgyzstan has considered the author’s criminal case.

The author is currently detained in cell number 116 with six prisoners. During the meeting, he expressed satisfaction with the food, equipment and medical care provided.

Committee’s assessment:

Compensation: C1

Effective measures to monitoring the author’s situation: B2

Publication of the Views: No information

Non-repetition: No information

Submission from:Author’s counsel

Date of submission: 11 December 2014

The Committee’s recommendation has not been implemented. The author has not received proper compensation and has been unable to make a court application for compensation as he is currently in remand awaiting the consideration of his appeal.

The author has also been prevented from filing a complaint before a representative of the Embassy of Kazakhstan with respect to his extradition to Kyrgyzstan.

Transmittal to the State party: 18 December 2014

Committee’s decision:Follow-up dialogue ongoing.

Lithuania

Case

Paksas, 2155/2012

Views adopted on

25 March 2014

Violation

Article 25 (b) and (c) of the Covenant

Remedy:Effective remedy, includingthrough revision of the lifelong prohibition of the author’s right to be a candidate in presidential elections or to be Prime Minister or a minister.

No previous follow-up information

Submission from: Stateparty

Date of submission: 7 October 2014

The Committee’s Views have been published on the official website of the Agent of the Governmentof Lithuania before the European Court of Human Rights.

On 13 May 2014, the Parliament of Lithuania established an ad hoc commission on the restoration of civil and political rights to President RolandasPaksas. On 24 September 2014, the commission adopted its conclusions, which included numerous proposals, notably the revision of the Constitution and the impeachment proceedings. Constitutional amendments providing the author with effective remedy, including through arevision of the lifelong prohibition from standing as a candidate in presidential elections or from being Prime Minister or a minister, and ensuring steps are taken to avoid similar violations in the future, could be initiated in the near future.

Taking into account also the recommendations adopted by a working group tasked with implementing the decision of the European Court of Human Rights of 6 January 2011 in the case of Paksas v. Lithuania, as well as those of the Constitutional Court, which ruled on 5 September 2012 that the Constitution had to be amended to comply with European law, relevant constitutional amendments were introduced as a draft law amending article 56 of the Constitution (on conditions to stand for elections as a member of Parliament). The law is still being considered and discussed. In the light of these developments, it is expected that newly drafted constitutional amendments, which would also take into consideration the Committee’s Views, could soon be submitted to Parliament.

Committee’s assessment:

Revision of the lifelong prohibition of the author’s right to be a candidate in presidential elections or to be Prime Minister or a minister: B2

Publication of the Views: A

Non-repetition: B2

Transmittal to the author: 23 October 2014

Committee’s decision:Follow-up dialogue ongoing.

Nepal

Case

Sharma, 1469/2006; Giri , 1761/2008; Maharjan , 1863/2009; Sedhai, 1865/2009

Views adopted on

Sharma, 28 October 2008; Giri, 24 March 2011; Maharjan, 19 July 2012; Sedhai, 19 July 2012

Violation

Sharma: articles7, 9, 10 and 2 (3), read together with articles7, 9 and 10,of the Covenant with regard to the author’s husband; article 7, alone and read together with article 2 (3), with regard to the author herself

Giri:articles 7, 9 and 10 (1), read in conjunction with article 2 (3), of the Covenant withregard to the author; article 7, read in conjunction with article 2 (3) with regard to the author’s wife and their two children

Maharjan: articles 7, 9 and 10 (1), read alone and in conjunction with article 2 (3), of the Covenant withregard to the author; article 7, read in conjunction with article 2 (3), with regard to the author’s wife and his parents

Sedhai:article 2 (3), read in conjunction with articles6 (1), 7, 9 and 10 (1), of the Covenant with regard tothe author’s husband;article 2 (3), read in conjunction with article 7, with regardto the author and their two children

Remedy

Sharma

Effective remedy, including a thorough and effective investigation into thedisappearance and fate of the author’s husband, his immediate release if he is still alive, adequateinformation resulting from the investigation, and adequate compensation for the author and her familyfor the violations suffered by the author’s husband and by themselves.

Giri

Effective remedy, by ensuring a thorough and diligent investigation into the torture and ill-treatment suffered by the author, prosecuting and punishing those responsible and providing the author and his family with adequate compensation for the violations suffered. In doing so, the State party shall ensure that the author and his family are protected from acts of reprisal or intimidation.

Maharjan

Effective remedy, by (a) ensuring a thorough and diligent investigation into the torture and ill-treatment suffered by the author; (b) prosecuting and punishing those responsible; (c) providing the author and his family with adequate compensation for all the violations suffered; (d) amending the State party’s legislation so as to bring it into conformity with the Covenant, including the amendment and extension of the 35-day statutory limitation from the event of torture or the date of release for bringing claims under the Compensation Relating to Torture Act;(e) enacting legislation defining and criminalizing torture; and (f) repealing all laws granting impunity to alleged perpetrators of acts of torture and enforced disappearance. In doing so, the State party shall ensure that the author and his family are protected from acts of reprisal or intimidation.

Sedhai.Effective remedy, including by (a) conducting a thorough and effective investigationintoMr. Sedhai’s disappearance; (b) providing the author and her family with detailed information about the results of the investigation; (c) releasing him immediately if he is still being detained incommunicado; (d) in the event that Mr. Sedhai is deceased, handing over his remains to his family; (e)prosecuting, trying andpunishing those responsible for the violations committed; and (f)providing adequate compensation to the authorand her childrenfor the violations sufferedand to Mr. Sedhai, if he is still alive.

Previous follow-up information:A/68/40 and A/69/40

Submission from:Author’s counsel

Date of submission: 10 July 2014

The author’s counsel submits that the situationin Nepal significantly worsened for the implementation of the Committee’s Views with the adoption in April 2014of the Commission on Investigation of Disappeared Persons, Truth and ReconciliationAct (2014).

The Act established two transitional justice mechanisms, theTruth and Reconciliation Commission and the Commission on Investigation of Disappeared Persons. The Act is applicable to all cases involving serious violations of human rights committed during the conflict period and diverts cases to consideration by one or both of the commissions. A number of key features of the Act are incompatible with human rights standards. In particular, the Act (a) gives wide discretion to the authorities to undertake an effective criminal investigation and bring perpetrators to justice, to recommend amnesties for gross human rights and serious international humanitarian law violations and to facilitate “reconciliation” between victims and perpetrators; (b) fails to guarantee the independence and impartiality of commissioners; and (c) denies the authors’ and their families’ right to an effective remedy, including reparation.

The Act as currently in force will hinder the implementation of the Views in these cases and is in violation of the authors’ rights under the Covenant.

Sharma, Giri and Sedhai

Counsel asks the Committee to call upon the State party to immediately open a criminal investigation into the violations found and to amend the Act to ensure that those responsible for the crimes committed can and will be brought to justice.

Maharjan

In April 2014, Mr. Maharjanwas paid Nrs. 150,000 (approximately $1,500) in “interim relief”, in addition to the Nrs. 25,000 (approximately $ 250) that he had previously received under the general “interim relief” policy applicable to all victims of abduction during the conflict. While this is a welcome first step, it is in no way adequate compensation for the losses he and his family have suffered, which include physical and mental injuries arising from torture and arbitrary detention over a period of more than one year, 10 months of which were incommunicado, in addition to the pain and suffering caused to his family by his disappearance and torture, the complete loss of an investment of approximately Nrs. 500,000 ($5,000) in his farm and the continuing loss of his livelihood as a teacher.

Transmittal to the State party: Maharjan and Sedhai: 21 October 2014; Sharma and Giri: 22 October 2014.

Committee’s decision:Follow-up dialogue ongoing in the four cases.

Russian Federation

Case

Khoroshenko, 1304/2004

Views adopted on

29 March 2011

Violation

Article 6 read together with article 14; and articles 7, 9 (1) to (4), 14 (1) and (3) (a), (b), (d) and (g), of the Covenant

Remedy: Effective remedy, including by(a) conducting a full and thorough investigation into the allegations of torture and ill-treatment and initiating criminal proceedings against those responsible for the treatment to which the author was subjected; (b) conducting a retrial in compliance with all guarantees under the Covenant; and (c) providing the author with adequate reparation, including compensation.

Previous follow-up information: A/69/40

Submission from:Author

Date of submission: 22 July 2014

No measures have been taken to offer the victim an effective remedy.

Transmittal to the State party: 29 October 2014

Committee’s decision:A reminder was sent to the State party for its observations.Follow-up dialogue ongoing.

Spain

Case

Aarrass, 2008/2010

Views adopted on

21 July 2014

Violation

Article 7 of the Covenant

Remedy:Effective remedy, including by (a) providing adequate compensationfor the violation of his rights, taking account of the acts of torture and ill-treatment to which he was subjected as a result of his extradition to Morocco; and (b) taking all possible steps to cooperate with the Moroccan authorities in order to ensure effective oversight of the author’s treatment in Morocco.

No previous follow-up information

Submission from: Author’s counsel

Date of submission: 19 September 2014

The author’s counsel transmitted two articles that had appeared in the Moroccan press, in which claims that Ali Aarrasshad been tortured were denied. The author’s counsel expressed concern for the author’s safety.

Transmittal to the State party: 3 November 2014

Committee’s decision:Follow-up dialogue ongoing.

Uruguay

Case

Peirano Basso, 1887/2009

Views adopted on

19 October 2010

Violation

Article 14(3) (c) of the Covenant

Remedy:Effective remedy.The State party should also take steps to speed up the author’s trial.

Previous follow-up information:A/69/40

Submission from: Author

Date of submission: 24 July 2014

The author’s licence to practice law was suspended by the Supreme Court on 20 May 2014. The author considers that this violateshis right to be presumed innocent and demonstrates the Court’s bias.

Transmittal to State party: 27 October 2014

Committees decision:Follow-up dialogue ongoing.

Uzbekistan

Case

Ismailov , 1769/2008

Views adopted on

25 March 2011

Violation

Articles 9(2) and (3) and 14(3) (b), (d), (e) and (g) of the Covenant

Remedy:Effective remedy, including consideration of a retrial in compliance with all guarantees enshrined in the Covenant, or release, as well as appropriate reparation, including compensation.

Previous follow-up information:A/69/40

Submission from:Author’s counsel

Date of submission: 14 June 2014 and 4 November 2014

No measures have been taken to offer the victim an effective remedy. The State party is preventing the author’s husband from exercising his right to seek a pardon.

In its submissions, the State party does not provide any substantiated evidence to prove the victim’s guilt.

Submission from: State party

Date of submission: 22 May, 27 August and 3 December 2014

The author’s husband was found guilty of several crimes. The Supreme Court did not find any grounds that would justify revising the decision of the Military Court.

The author’s husband has breached the internal prisonregulations on numerous occasions. He is receiving medical treatment and his condition is currently satisfactory. He has not been subjected to physical or moral pressure and he had not filed any complaintswith the correctionsdepartment.

Transmittal to the author: 23 and 29 October and 10 December 2014.

Committee’s assessment:

Retrial or release: C1

Appropriate reparation: C1

Publication of the Views: No information

Non-repetition: C1

Committees decision:Follow-up dialogue ongoing.

Uzbekistan

Case

Musaev , 1914-1915-1916/2009

Views adopted on

21 March 2012

Violation

Articles 7, 9 and14(3) (b) and (g) and (5)of the Covenant

Remedy:Effective remedy, including carrying out an impartial, effective and thorough investigation into the allegations of torture and ill-treatment and initiating criminal proceedings against those responsible; conducting either the victim’s retrial in conformity with all guarantees enshrined in the Covenant or releasing him; and providing the victim with full reparation, including appropriate compensation.

Previous follow-up information: A/69/40

Submission from: State party

Date of submission: 26 June and 3 December 2014

The victimhasbeen provided with adequate medical assistance throughouthis detention. His health condition is currently satisfactory and he has notbeen subjected to any ill-treatment while detained. During the period 2012 to 2014, he was allowed to see his relatives. No request for a lawyer has been made.

Transmittal to the author: 21 October and 10 December 2014 respectively

Committee’s assessment:

Investigation: C1

Retrial or release, and full reparation: C2

Publication of the Views: No information

Non-repetition: C1

Committees decision:Follow-up dialogue ongoing.

Annex I

Criteria used by the Human Rights Committee to assess replies received from and action taken by States parties

Assessment c riteria

Reply/action satisfactory

A

Reply largely satisfactory

Reply/action partially satisfactory

B1

Substantive action taken, but additional information required

B2

Initial action taken, but additional information required

Reply/action not satisfactory

C1

Reply received but action taken does not implement the recommendation

C2

Reply received but not relevant to the recommendation

No cooperation with the Committee

D1

No reply received within the deadline, or no reply to any specific question in the report

D2

No reply received after reminder(s)

The measures taken are contrary to the recommendations of the Committee

E

Reply indicates that the measures taken go against the recommendations of the Committee

Annex II

Follow-up activities under the Optional Protocol *

1.The table below provides a complete picture of the follow-up information provided in the replies of States parties to the Views of the Committee in which it concluded that there had been a violation of the Covenant, which were received prior to the 113th session of the Committee (16 March–2 April 2015). It indicates whether the follow-up replies are considered satisfactory or unsatisfactory in terms of their compliance with the Committee’s Views, or whether the dialogue between the State party and the Special Rapporteur for follow-up on Views continues.

2.At its 109th session, the Committeedecided, in an effort to have its assessment of follow-up to Views disclosed in a more comprehensive, structured and transparent manner, to include an indication of its current assessment of the follow-up status in cases in which submissions were received from the parties during the reporting period. Decisions to have the follow-up dialogue closed or suspended are also indicated in the table below.

3.Follow-up information provided by States parties and by petitioners or their representatives subsequent to the previous interim report on follow-up to Views (CCPR/C/112/3) is published in the present report. Reports on follow-up to Views are no longer part of the Committee’s annual reports, but will be prepared periodically by the Special Rapporteur for follow-up on Views, adopted by the Committee during its October and March sessions and published on the website of the Office of the United Nations High Commissioner for Human Rights.

State party and number of cases with violation

Communication number, author and relevant Committee report

Follow-up response received from State party

No response

Follow-up dialogue ongoing

Algeria (38)

992/2001, BousroualA/61/40

X

X

1085/2002, TarightA/61/40

X

X

1172/2003, MadaniA/62/40

X

X

1173/2003, BenhadjA/62/40

X

X

1196/2003, BoucherfA/61/40

XA/64/40

X

1297/2004, MedjnouneA/61/40

XA/67/40

X

1327/2004, GriouaA/62/40

X

X

1328/2004, KimoucheA/62/40

X

X

1439/2005, AberA/62/40

X

X

1495/2006, MadouiA/64/40

X

X

1588/2007, BenazizaA/65/40

X

X

1753/2008, RakikA/68/40

X

X

1779/2008, MezineA/68/40

X

X

1780/2008, Aouabdia et al.A/66/40

XA/68/40

XA/68/40

1781/2008, BerzigA/67/40

X

1791/2008, SahbiA/68/40

X

1796/2008, ZerrouguiA/69/40

Not due yet

X

1798/2008, AzouzA/69/40

Not due yet

X

1806/2008, SaadounA/68/40

X

1807/2008, MechaniA/68/40

X

1811/2008, Djebbar and ChihoubA/67/40

X

1831/2008, LarbiA/69/40

Not due yet

X

1874/2009, MihoubiA/69/40

Not due yet

X

1884/2009, FaraounA/69/40

X

1889/2009, MaroufA/69/40

X

1899/2009, Lakhdar-ChaouchA/69/40

X

1900/2009, MehalliA/69/40

X

1905/2009, OuaghlissiA/67/40

X

CCPR/C/111/D/1924/2010, Boudehane

CCPR/C/111/D/1931/2010, Bouzenia

CCPR/C/111/D/1964/2010, Fedsi

CCPR/C/111/D/1974/2010, Bouzaout

CCPR/C/112/D/2026/2011, Sassene

CCPR/C/112/D/2083/2011, Kroumi

CCPR/C/112/D/2086/2011, Ayache

CCPR/C/112/D/2098/2011, Ammari

CCPR/C/112/D/2117/2011, Louddi

CCPR/C/112/D/2132/2012, Kerouane

Angola (2)

711/1996, Dias A/55/40

XA/61/40

X

1128/2002, MarquesA/60/40

XA/61/40

X

Argentina (4)

400/1990, Mónaco de GallichioA/50/40

XA/51/40

X

1458/2006, González et al.A/66/40

X

1608/2007, L.M.R.A/66/40

X

1610/2007, L.N.P.A/66/40

Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (A/69/40).

XA/68/40

Australia (32)

560/1993, A. A/52/40

XA/53/40, A/55/40, A/56/40

X

900/1999, C.A/58/40

XA/58/40, CCPR/C/80/FU/1, A/60/40, A/62/40

X

930/2000, Winata et al.A/56/40

XCCPR/C/80/FU/1, A/57/40, A/60/40 A/62/40 and A/63/40

X

941/2000, YoungA/58/40

XA/58/40, A/60/40, A/62/40 and A/63/40

X

1014/2001, Baban et al.A/58/40

XA/60/40, A/62/40

X

1020/2001, Cabal and PasiniA/58/40

XA/58/40, CCPR/C/80/FU/1

1036/2001, Faure A/61/40

XA/61/40

X

1050/2002, Rafie and SafdelA/61/40

XA/62/40 and A/63/40

X

1069/2002, BakhitiyariA/59/40

XA/60/40, A/62/40

X

1157/2003, ColemanA/61/40

XA/62/40

X

1184/2003, BroughA/61/40

XA/62/40

X

1255, 1256, 1259, 1260, 1266,1268, 1270 and 1288/2004,Shams, Atvan, Shahrooei,Saadat, Ramezani, Boostani,Behrooz and SefedA/62/40

XA/63/40

X

1324/2004, ShafiqA/62/40

XA/62/40 and A/63/40

X

1347/2005, DudkoA/62/40

XA/63/40, A/64/40

X

1442/2005, KwokA/65/40

Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (see A/67/40, chap. VI).

X A/67/40

1629/2007, FardonA/65/40

Follow-up dialogue was closed with a note of unsatisfactory implementation of the recommendation (A/69/40).

XA/66/40, A/67/40

A/68/40

1557/2007, Nystrom et al.A/66/40

Follow-up dialogue was closed with a note of unsatisfactory implementation of the recommendation (A/68/40).

1635/2007, TillmanA/65/40

Follow-up dialogue was closed with a note of unsatisfactory implementation of the recommendation (A/69/40).

XA/66/40, A/67/40

A/68/40

1885/2009, HorvathA/69/40

X

CCPR/C/112/D/1968/2010, Blessington and Elliot

CCPR/C/112/D/1973/2010, Griffiths

X

X

2094/2011, Abdul Gafoor , Faleel Khan et al. A/69/40

X

2136/2012, Mofis , Mohammad Mufis et al. A/69/40

CCPR/C/113/D/1875/2009, M.G.C.CCPR/C/113/D/1937/2010, Leghaei

XX

Austria (4)

415/1990, PaugerA/57/40

XA/47/40, A/52/40, A/66/40

716/1996, PaugerA/54/40

XA/54/40, A/55/40, A/57/40, A/66/40, CCPR/C/80/FU/1

965/2001, KarakurtA/57/40

XA/58/40, CCPR/C/80/FU/1, A/61/40

X

1454/2006, LederbauerA/62/40

XA/63/40

X

Azerbaijan(2)

1633/2007, AvadanovA/66/40

CCPR/C/112/D/1972/2010, Quliyev

X

XA/68/40

Belarus (72)

780/1997, LaptsevichA/55/40

XA/56/40, A/57/40

X

814/1998, PastukhovA/58/40

XA/59/40

X

886/1999, BondarenkoA/58/40Case closed (ninety-second session)

XA/59/40, A/62/40 and A/63/40

887/1999, LyashkevichA/58/40Case closed (ninety-second session)

XA/59/40, A/62/40 and A/63/40

921/2000, DergachevA/57/40

X

X

927/2000, SvetikA/59/40

XA/60/40, A/61/40 and A/62/40

X

XA/62/40

1009/2001, ShchetkoA/61/40

X

X

1022/2001, VelichkinA/61/40

XA/61/40

X

1039/2001, Boris et al.A/62/40

XA/62/40

X

1047/2002, Sinitsin, LeonidA/62/40

X

X

1100/2002, BandazhewskyA/61/40

XA/62/40

X

1178/2003, SmantserA/64/40

XA/65/40

X

1207/2003, MalakhovskyA/60/40

XA/61/40

X

1226/2003, KorneenkoA/68/40

X

XA/68/40

1274/2004, KorneenkoA/62/40

XA/62/40

XA/62/40

1296/2004, BelyatskyA/62/40

XA/63/40

X

1311/2004, OsiyukA/64/40

X

X

1316/2004, GrybA/67/40

X

XA/68/40

1354/2005, SudalenkoA/66/40

X

X

1377/2005, KatsoraA/65/40

X

X

1383/2005, Katsora et al.A/66/40

X

X

1390/2005, KorebaA/66/40

X

X

1392/2005, LukyanchikA/65/40

X

A/66/40

X

1502/2006, MarinichA/65/40

X

A/66/40

1553/2007, Korneenko and MilinkevichA/64/40

X A/65/40

X

1592/2007, PichuginaA/69/40

X

X

1604/2007, ZalesskayaA/66/40

X

X

1750/2008, SudalenkoA/67/40

X

X

1772/2008, BelyazekaA/67/40

CCPR/C/112/D/1773/2008, Kozulina

X

X

XX

A/68/40

1784/2008, SchumilinA/68/40

X

1785/2008, OleshkevishA/68/40

X

X

1787/2008, Kovsh ( Abramova )A/68/40

X

X

1790/2008, Govsha et al.A/68/40

X

XA/68/40

1820/2008,KrassovskayaA/67/40

X

A/68/40

1808/2008, KovalenkoA/69/40

X

X

1830/2008, PivonosA/68/40

X

XA/68/40

1835-1837/2008, Yasinovi chA/68/40

X

XX

1836/2008, KatsoraA/68/40

X

A/68/40

1838/2008, TulzhenkovaA/67/40

X

XXX

1839/2008, KomarovskyA/69/40

XX

1851/2008, SekerkoA/69/40

X

XX

1864/2009, KirsanovA/69/40

X

1867/2009, 1936, 1975, 1977-1891/2010, 2010/2010, LevinovA/68/40

X

A/68/40

1903/2009, YoubkoA/69/40

CCPR/C/112/D/1906/2010, Yuzepchuk

X

1910/2009, ZhukA/69/40

X

1919-1920/2009, Protsko & TolchinA/69/40

CCPR/C/112/D/1929/2010, Lozenko

CCPR/C/112/D/1933/2010, Aleksandrov

CCPR/C/111/D/1934/2010, Bazarov

XX

X

X

X

X

1948/2010, TurchenyakA/69/40

CCPR/C/112/D/1952/2010, Symonik

CCPR/C/111/D/1976/2010, Kuznetsov et al.

CCPR/C/111/D/1985/2010, Koktish

CCPR/C/111/D/1986/2010, Kozlov

CCPR/C/112/D/1987/2010, Stambrovsky

CCPR/C/111/D/1991/2010, Volchek

CCPR/C/111/D/1993/2010, Mikhailovskaya and Volchek

CCPR/C/112/D/1999/2010, Evrezov , Nepomnyaschikh , Polyakov , and Rybchenko

XX

X

X

X

X

XX

X

X

X

X

X

X

X

X

CCPR/C/112/D/2029/2011, Praded

CCPR/C/111/D/2030/2010, Poliakov

X

X

2065/2011, KvashaA/68/40

CCPR/C/111/D/2103/2010, Poliakyov

CCPR/C/112/D/2114/2011, Sudalenko

X

X

2120/2011, KovalevA/68/40

CCPR/C/112/D/2153/2012, Kalyakin

CCPR/C/112/D/2156/2012, Nepomnyaschikh

CCPR/C/112/D/2165/2012, Pinchuk

CCPR/C/113/D/1949/2010, Kozlov et al.

CCPR/C/113/D/1992/2010, Sudalenko

CCPR/C/113/D/2013/2010, Grishkovtsov

X

X

X

X

Belgium (1)

1472/2006, SayadiA/64/40

X

X

Benin (1)

CCPR/C/111/D/2055/2011, Zinsou

Bolivia (PlurinationalState of) (1)

176/1984, PeñarrietaA/43/40

XA/52/40

X

Bosnia and Herzegovina(9)

1917-1918-1925/2008, Prutina et al.A/68/40

1955/2010, Al-Gertani A/69/40

CCPR/C/111/D/1956/2010, Duric

CCPR/C/112/D/1966/2010, Hero

CCPR/C/112/D/1970/2010, Kožljak

X

X

X

1997/2010, Rizvanović et alA/69/40

CCPR/C/111/D/2003/2010, Selimovi ć et al.

CCPR/C/113/D/2022/2011, Hamulić et al.

CCPR/C/113/D/2028/2011 , I č ić et al.

X

X

X

Bulgaria (1)

2073/2011, Naidenova et al.

A/68/40

Burkina Faso (1)

1159/2003, Sankara et al.A/61/40

Follow-up dialoguewas closed with a note of satisfactory implementation of the Committee’s recommendation.

(A/63/40)

XA/63/40

Cameroon (8)

458/1991, MukongA/49/40

XA/52/40

X

630/1995, Mazou

The State party reported that it had reinstated the author to the judiciary and that it had offered him compensation, which he refused to accept because he considered it to be inadequate. The follow-up dialogue in the case was closed as the Committee deemed that the State party had complied with the Views (A/59/40).

XA/57/40

1134/2002, Gorji -DinkaA/60/40

X A/65/40

X

1186/2003, TitiahongoA/63/40

X

X

1353/2005, AfusonA/62/40

XA/65/40

X

X

1397/2005, EngoA/64/40

XA/67/40, A/68/40

XA/68/40

1813/2008, AkwangaA/66/40

CCPR/C/112/D/1965/2010, Monika

X

XA/68/40

Canada (15)

27/1978, PinkneyFourteenth sessiona

X

X

167/1984, Lubicon Lake Band A/45/40

XA/59/40, A/61/40, A/62/40

XA/62/40

694/1996, WaldmanA/55/40

XA/55/40, A/56/40, A/57/40, A/59/40, A/61/40

X

829/1998, JudgeA/58/40

XA/59/40, A/60/40

XA/60/40

1051/2002, AhaniA/59/40

XA/60/40, A/61/40

XbA/60/40

1465/2006, KabaA/65/40

XA/66/40

X

1467/2006, DumontA/65/40

Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (A/69/40).

XA/66/40, A/67/40, A/68/40

1544/2007, HamidaA/65/40

XA/66/40

X

1763/2008, Pillai et al.Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (see A/68/40).

XA/67/40

1792/2008 DauphinA/64/40

XA/65/40

X

1881/2009, MasihA/69/40

Not due

X

1898/2009, ChoudharyA/69/40

Not due

X

1912/2009, ThuraisamyA/68/40

X

1959/2010, WarsameA/66/40

X

X

CCPR/C/113/D/2091/2011, A.H. G .

X

Central African Republic (1)

1587/2007 MamourA/64/40

X

X

Colombia (16)

45/1979, Suárez de GuerreroFifteenthsessiona

XA/52/40, A/68/40

XA/68/40

46/1979, Fals BordaSixteenth sessiona

XA/52/40

X

64/1979, Salgar de MontejoFifteenth sessiona

XA/52/40, A/68/40

X(A/68/40)

161/1983, Herrera Rubio Thirty-first sessionc

XA/52/40, A/68/40

XA/68/40

181/1984, Sanjuán Arévalo brothersA/45/40

XA/52/40, A/64/40, A/68/40

XA/68/40

195/1985, Delgado PáezA/45/40

XA/52/40, A/68/40

XA/68/40

514/1992, FeiA/50/40

XA/51/40, A/68/40

XA/68/40

612/1995, ArhuacosA/52/40

X

A/68/40

XA/68/40

687/1996, Rojas GarcíaA/56/40

XA/58/40, A/59/40, A/68/40

XA/68/40

778/1997, Coronel et al.A/58/40

XA/59/40, A/68/40

XA/68/40

848/1999, Rodríguez Orejuela,A/57/40

XA/58/40, A/59/40, A/68/40

XA/68/40

859/1999, Jiménez VacaA/57/40

XA/58/40, A/59/40, A/61/40, A/68/40

XA/68/40

1298/2004, BecerraA/61/40

XA/62/40, A/68/40

XA/68/40

1361/2005, CasadiegoA/62/40

XA/63/40, A/68/40

XA/68/40

1611/2007, Bonilla LermaA/66/40

X

XA/68/40

1641/2007, Calderón BrugesA/67/40

XA/68/40

XA/68/40

Côte d’Ivoire (1)

1759/2008, TraoréA/67/40

X

X

Croatia (2)

727/1996, ParagaA/56/40

XA/56/40, A/58/40

X

1510/2006, Vojnović, A/64/40

XA/65/40, A/66/40

Czech Republic (27)d

516/1992, Simunek et al.A/50/40

XA/51/40, A/57/40, A/58/40, A/61/40, A/62/40

X

586/1994, AdamA/51/40

XA/51/40, A/53/40, A/54/40, A/57/40, A/61/40, A/62/40

X

747/1997, Des Fours WalderodeA/57/40

XA/57/40, A/58/40, A/61/40, A/62/40

X

757/1997, PezoldovaA/58/40

XA/60/40, A/61/40 andA/62/40

X

765/1997, FábryováA/57/40

XA/57/40, A/58/40, A/61/40, A/62/40

X

823/1998, CzerninA/60/40

XA/62/40

X

857/1999, Blazek et al.A/56/40

XA/62/40

X

945/2000, MarikA/60/40

XA/62/40

X

946/2000, PateraA/57/40

XA/62/40

X

1054/2002, KrizA/61/40

XA/62/40

X

1445/2006, PolacekA/62/40

X

X

1448/2006, KohoutekA/63/40

XA/66/40

X

1463/2006, GratzingerA/63/40

X

X

1479/2006, PersanA/64/40

X

X

1484/2006, LnenickaA/63/40

X

X

1485/2006, VlcekA/63/40

X

X

1488/2006, SüsserA/63/40

X

X

1491/2006, Fürst Blücher von WahlstattA/65/40

X

X

1497/2006, PreissA/63/40

X

X

1508/2006, AmundsonA/64/40

X

X

1586/2007, LangeA/66/40

X

X

1533/2006, OndrackaA/63/40

X

X

1563/2007, JünglingováA/67/40

X

X

1581/2007, DrdaA/66/40

X

X

1615/2007, ZavrelA/65/40

X

X

1742/2007, GschwindA/65/40

X

X

1847/2008, Klain and KlainA/67/40

X

X

Democratic Republic of the Congo (15)e

16/1977, MbengeEighteenth sessionc

X

X

90/1981, LuyeyeNineteenth sessionc

XA/61/40

X

124/1982, MutebaTwenty-second sessionc

XA/61/40

X

138/1983, Mpandanjila et al.Twenty-seventh sessionc

XA/61/40

X

157/1983, Mpaka NsusuTwenty-seventh sessionc

XA/61/40

X

194/1985, MiangoThirty-first sessionc

XA/61/40

X

241/1987, BirindwaA/45/40

XA/61/40

X

242/1987, TshisekediA/45/40

XA/61/40

X

366/1989, KananaA/49/40

XA/61/40

X

542/1993, TshishimbiA/51/40

XA/61/40

X

641/1995, GedumbeA/57/40

XA/61/40

XA/68/40

933/2000, Mundyo Busyo et al.(68 judges)A/58/40

XA/61/40

X

962/2001, MuleziA/59/40

XA/61/40

X

1177/2003, Wenga and ShandweA/61/40

X

X

1890/2009, KitengeA/69/40

X

Denmark (4)

1554/2007, El- HichouA/65/40

XA/66/40

X

2007/2010, J.J.M.A/69/40

CCPR/C/112/D/2243/2013, Husseini

CCPR/C/113/D/2001/2010, Q

X

X

Dominican Republic (2)

193/1985, GiryA/45/40

XA/52/40, A/59/40

X

449/1991, MojicaA/49/40

XA/52/40, A/59/40

X

Ecuador (2)

277/1988, Terán JijónA/47/40

XA/59/40

X

319/1988, Cañón GarcíaA/47/40

X

Equatorial Guinea (3)

414/1990, Primo EssonoA/49/40

A/62/40f

X

X

468/1991, Oló BahamondeA/49/40

A/62/40f

X

X

1152 and 1190/2003, Ndong et al. and Mic AbogoA/61/40

A/62/40f

X

X

Finland (1)

779/1997, Äärelä et al.A/57/40

XA/57/40, A/59/40

X

France (6)

1620/2007, J.O.A/66/40

XA/67/40

X

1760/2008, CochetA/66/40

X

XA/68/40

1852/2008, SinghA/68/40

X

1876/2009, SinghA/66/40

XA/68/40

XA/68/40

1928/2010, Singh A/69/40

X

1960/2010, OryA/69/40

X

Georgia (3)

626/1995, GelbekhianiA/53/40

X A/54/40

X

627/1995, DokvadzeA/53/40

XA/54/40

X

975/2001, RatianiA/60/40

XA/61/40

X

Germany (1)

1482/2006, GerlachA/63/40

XA/64/40

X

Ghana (1)

2177/2012, JohnsonA/69/40

X

Greece (4)

1070/2002, KouldisA/61/40

XA/61/40

X

1486/2006, KalamiotisA/63/40

X A/64/40A/68/40

X

1558/2007, KatsarisA/68/40

X

X

1799/2008, Georgopoulos et al.A/65/40

XA/66/40, A/67/40, A/68/40

XA/68/40

Guyana (9)

676/1996, Yasseen and ThomasA/53/40

A/60/40fA/62/40

XA/60/40

X

728/1996, SahadeoA/57/40

A/60/40fA/62/40

XA/60/40

X

811/1998, Mulai, A/59/40

A/60/40fA/62/40

XA/60/40

X

812/1998, PersaudA/61/40

A/60/40fA/62/40

X

X

862/1999, Hussain and HussainA/61/40

A/60/40fA/62/40

X

X

838/1998, HendriksA/58/40

A/60/40fA/62/40

XA/60/40

X

867/1999, SmarttA/59/40

A/60/40fA/62/40

XA/60/40

X

912/2000, GangaA/60/40

A/60/40fA/62/40

XA/60/40

X

913/2000, ChanA/61/40

A/60/40fA/62/40

X

X

Hungary (3)

410/1990, PárkányiA/47/40

X

X

521/1992, KulominA/51/40

XA/52/40

X

852/1999, BorisenkoA/58/40

XA/58/40, A/59/40

X

Iceland (1)

1306/2004, Haraldsson and Sveinsson, A/62/40

Follow-up dialogue closed, with a partly satisfactory implementation of the recommendation (see A/67/40, chap. VI).

XA/63/40, A/64/40, A/67/40

Italy (1)

699/1996, MalekiA/54/40

XA/55/40

X

Jamaica (98)

92 casesg

X

695/1996, SimpsonA/57/40

XA/57/40, A/58/40, A/59/40, A/63/40, A/64/40

X

792/1998, HigginsonA/57/40

X

X

793/1998, PryceA/59/40

X

X

796/1998, ReeceA/58/40

X

X

797/1998, LobbanA/59/40

X

X

798/1998, HowellA/59/40

XA/61/40

X

Kazakhstan (5)

CCPR/C/111/D/2009/2010, Ilyasov

2024/2011, IsrailA/67/40

X

X

2104/2011, ValetovA/69/40

CCPR/C/112/D/2131/2012, Leven

CCPR/C/112/D/2137/2012, Toregozhina

X

Kyrgyzstan (15)

1275/2004, Umetaliev and TashtanbekovaA/64/40

XA/65/40

X

1312/2004, LatifulinA/65/40

XA/66/40

X

1338/2005, KaldarovA/65/40

XA/66/40

XA/68/40

1369/2005, KulovA/65/40

XA/66/40

XA/68/40

1402/2005, KrasnovA/66/40

XA/66/40, A/67/40

X

1461, 1462, 1476 and 1477/2006, Maksudov, Rakhimov, Tashbaev,PirmatovA/63/40

XA/65/40

X

1470/2006, ToktakunovA/66/40

Follow-up dialogue closed with satisfactory implementation of the recommendation (see A/67/40, chap. VI)

XA/67/40

1503/2006, AkhadovA/66/40

XA/67/40

X

1545/2007, GunanA/66/40

XA/67/40

X

1547/2007, TorobekovA/67/40

X

XA/68/40

1756/2008, Moidunov and ZhumbaevaA/66/40

CCPR/C/113/D/2054/2011, Ernazarov

XA/67/40, A/68/40

XA/68/40

X

Latvia (2)

884/1999, IgnataneA/56/40

XA/57/40

1621/2007, RaihmanA/66/40

X

XA/68/40

Libya (20)

440/1990, El- MegreisiA/49/40

X

X

1107/2002, El GharA/60/40

XA/61/40, A/62/40

XA/68/40

1143/2002, DernawiA/62/40

X

X

1295/2004, El AwaniA/62/40

X

X

1422/2005, El HassyA/63/40

X

X

1640/2007, El AbaniA/65/40

X

X

1751/2008, Aboussedra et al.A/66/40

X

X

1755/2008, El Hagog JumaaA/67/40

1776/2008, Ali Bashasha and Hussein Bashasha

X

X

1782/2008, AboufaiedA/67/40A/66/40

X

1804/2008, Il KhwildyA/68/40

X

1805/2008, BenaliA/68/40

X

1832/2008, Al KhazmiA/69/40

CCPR/C/111/D/1860/2009, Al Rabassi

1880/2009, Nenova et al.A/67/40

CCPR/C/111/D/1882/2009, Al Daquel

1913/2009, AbushalaA/68/40

CCPR/C/111/D/1958/2010, El Hojouj et al.

CCPR/C/112/D/2046/2011, Hmeed

2006/2010, Almegaryaf and MatarA/69/40

X

X

X

Lithuania (1)

2155/2012, PaksasA/69/40

Madagascar (4)

49/1979, MaraisEighteenth sessionc

X h

X

115/1982, WightTwenty-fourth sessionc

X h

X

132/1982, JaonaTwenty-fourth sessionc

X

X

155/1983, HammelA/42/40c

X

X

Mauritius (1)

1744/2007, Narrain et al.A/68/40

XA/68/40

XA/68/40

Nepal (10)

1469/2006, SharmaA/64/40

XA/64/40, A/66/40, A/67/40, A/68/40

XA/68/40

1761/2008, Giri et al.A/66/40

XA/67/40

X

1863/2009, MaharjanA/68/40

X

1865/2009, SedhaiA/69/40

X

1870/2009, SobhrajA/65/40

CCPR/C/112/D/2018/2010, Chaulagain

CCPR/C/112/D/2031/2011, Bhandari

CCPR/C/112/D/2051/2011, Basnet

CCPR/C/112/D/2111/2011, Tripathi et al.

CCPR/C/113/D/2000/2010, Katwal

XA/66/40, A/67/40, A/68/40

XA/68/40

X

Netherlands (6)

786/1997, VosA/54/40

XA/55/40

X

976/2001, DerksenA/59/40

XA/60/40

X

1238/2003, Jongenburger VeermanA/61/40

X

X

1564/2007, X.H.L.A/66/40

XA/68/40

XA/68/40

1797/2008, MennenA/65/40

CCPR/C/111/D/2097/2011, Timmer

X

X

New Zealand (2)

1368/2005, BrittonA/62/40

XA/63/40

X

1512/2006, DeanA/64/40

XA/65/40

X

X

Nicaragua (1)

328/1988, Zelaya BlancoA/49/40

X A/56/40, A/57/40, A/59/40

X

Norway (2)

1155/2003, LeirvagA/60/40

XA/61/40

X

1542/2007, AboushanifA/63/40

Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (A/69/40).

XA/65/40

Panama (2)

289/1988, WolfA/47/40

XA/53/40

X

473/1991, BarrosoA/50/40

XA/53/40

X

Paraguay (3)

1407/2005, AsensiA/64/40

XA/65/40, A/66/40

XA/68/40

1828/2008, DomínguezA/67/40

XA/68/40

XA/68/40

1829/2008, Benítez GamarraA/67/40

XA/68/40

XA/68/40

Peru (15)

202/1986, Ato del AvellanalA/44/40

XA/52/40, A/59/40, A/62/40 and A/63/40

XA/68/40

203/1986, Muñoz HermosaA/44/40

Follow-up dialogue was closed with a note of unsatisfactory implementation of the recommendation (A/69/40).

XA/52/40, A/59/40, A/68/40

A/68/40

263/1987, González del RíoA/48/40

XA/52/40, A/59/40

X

309/1988, Orihuela ValenzuelaA/48/40

XA/52/40, A/59/40

X

540/1993, Celis LaureanoA/51/40

XA/59/40, A/68/40

X

A/68/40

577/1994, Polay CamposA/53/40

XA/53/40, A/59/40

X

678/1996, Gutiérrez VivancoA/57/40

XA/58/40, A/59/40, A/64/40, A/68/40

XA/68/40

688/1996, ArredondoA/68/40

XA/68/40

XA/68/40

906/1999, Vargas- MachucaA/57/40

XA/58/40, A/59/40

X

981/2001, Gómez CasafrancaA/58/40

XA/59/40, A/68/40

XA/68/40

1058/2002, VargasA/61/40

XA/61/40 and A/62/40

X

1125/2002, QuispeA/61/40

XA/61/40, A/68/40

XA/68/40

1126/2002, CarranzaA/61/40

XA/61/40, A/62/40, A/68/40

XA/68/40

1153/2003, K.N.L.H.A/61/40

XA/61/40, A/62/40 and A/63/40

X

1457/2006, Poma PomaA/64/40

XA/65/40

XA/68/40

Philippines (11)

788/1997, CagasA/57/40

XA/59/40, A/60/40, A/61/40

X

868/1999, WilsonA/59/40

XA/60/40, A/61/40, A/62/40

X

869/1999, Piandiong et al.A/56/40

XN/A

X

1089/2002, RouseA/60/40

XA/68/40

1320/2004, Pimentel et al.A/62/40

The Committee decided to suspend the follow-up dialogue, with a finding of a unsatisfactory implementation of its recommendation (seeA/67/40, chap. VI).

XA/63/40, A/64/40, A/66/40, A/67/40

1421/2005, LarrañagaA/61/40

X

XA/68/40

1466/2006, Lumanog and SantosA/63/40

XA/65/40, A/66/40

X

1559/2007, HernandezA/65/40

X

X

1560/2007, Marcellana and GumanoyA/64/40

X

X

1619/2007, PestañoA/65/40

XA/66/40

X

1815/2008, AdonisA/67/40

X

X

Portugal (1)

1123/2002, Correia de MatosA/61/40

XA/62/40, A/67/40

XA/68/40

Republic of Korea (12)

518/1992, SohnA/50/40

XA/60/40, A/62/40

X

574/1994, KimA/54/40

XA/60/40, A/62/40, A/64/40

X

628/1995, ParkA/54/40

XA/54/40, A/64/40

X

878/1999, KangA/58/40

XA/59/40, A/64/40

X

926/2000, ShinA/59/40

XA/60/40, A/62/40, A/64/40

X

1119/2002, LeeA/60/40

XA/61/40, A/64/40

X

1321 and 1322/2004, Yoon,Yeo- Bzum and Choi,Myung-JinA/62/40

XA/62/40 and A/63/40A/64/40

X

1593 to 1603/2007, Jung et al.A/65/40

XA/66/40

X

1642-1741/2007, Jeong et al.A/66/40

XA/67/40

XA/68/40

1786/2008, Kim et al.A/68/40

X

1908/2009, OstavariA/69/40

CCPR/C/112/D/2179/2012, Young-kwan Kim et al.

X

Romania (1)

1158/2003, BlagaA/60/40

X

X

712/1996, SmirnovaA/59/40

XA/60/40

X

763/1997, LantsovA/57/40

A/58/40, A/60/40

X

770/1997, GridinA/55/40

A/57/40, A/60/40

X

888/1999, TelitsinA/59/40

XA/60/40

X

815/1997, DuginA/59/40

XA/60/40

X

889/1999, ZheikovA/61/40

XA/62/40

XA/68/40

1218/2003, PlatanovA/61/40

XA/61/40

X

1232/2003, PustovalovA/65/40

XA/66/40, A/67/40

X

1278/2004, ReshnetnikovA/64/40

X

X

1304/2004, KhoroshenkoA/66/40

X

XA/68/40

1310/2004, BabkinA/63/40

X A/64/40, A/66/40

X

1410/2005, Yevdokimov and RezanovA/66/40

X

X

1447/2006, AmirovA/64/40

XA/65/40, A/66/40

X

1548/2007, KholodovA/68/40

X

1577/2007, UsaevA/65/40

XA/66/40

X

1605/2007, ZyuskinA/66/40

X

XA/68/40

1628/2007, PavlyuchenkovA/68/40

X

1795/2008, ZhirnovA/69/40

X (24/02)

X

1856/2008, SevostyanovA/69/40

X (24/02)

X

1866/2009, ChebotarevaA/67/40

X

X

1873/2009, AlekseevA/69/40

X (24/02)

X

1932/2010, FedotovaA/68/40

X

2041/2011, Dorofeev

2126/2011, Kesmatulla

Saint Vincent and the Grenadines (1)

806/1998, ThompsonA/56/40

XA/61/40

X

Serbia (1)

1556/2007, NovakovićA/66/40

XA/66/40, A/67/40, A/68/40

XA/68/40

Sierra Leone (3)

839/1998, Mansaraj et al.A/56/40

XA/57/40, A/59/40

X

840/1998, Gborie et al.A/56/40

XA/57/40, A/59/40

X

841/1998, Sesay et al.A/56/40

XA/57/40, A/59/40

X

South Africa (1)

1818/2008, McCallumA/66/40

X

X

Spain (25)

493/1992, GriffinA/50/40

XA/59/40, A/58/40

X

526/1993, HillA/52/40

XA/53/40, A/56/40, A/58/40, A/59/40, A/60/40, A/61/40, A/64/40

XA/68/40

701/1996, Gómez VásquezA/55/40

XA/56/40, A/57/40, A/58/40, A/60/40, A/61/40

X

864/1999, Ruiz AgudoA/58/40

XA/61/40

X

986/2001, SemeyA/58/40

XA/59/40, A/60/40, A/61/40

X

1006/2001, MuñozA/59/40

XA/61/40

X

1007/2001, Sineiro FernandoA/58/40

XA/59/40, A/60/40, A/61/40

X

1073/2002, Terón JesúsA/60/40

XA/61/40

X

1095/2002, GomarizA/60/40

XA/61/40

X

1101/2002, Alba CabriadaA/60/40

XA/61/40

XA/68/40

1104/2002, Martínez FernándezA/60/40

XA/61/40

XA/68/40

1122/2002, Lagunas CastedoA/64/40

X

X

1211/2003, OliveróA/61/40

X

X

1325/2004, CondeA/62/40

X

X

1332/2004, Garcia et al.A/62/40

X

X

1351 and 1352/2005, Hens and CorujoA/63/40

X

X

1363/2005, Gayoso MartínezA/65/40

XA/66/40, A/68/40

XA/68/40

1364/2005, CarpinteroA/64/40

XA/68/40

XA/68/40

1381/2005, HachuelA/62/40

X

X

1473/2006, Morales Tornel,A/64/40

Follow-up dialogue was closed with a note of unsatisfactory implementation of the recommendation (A/69/40).

XA/66/40, A/68/40

A/68/40

1493/2006, Williams LecraftA/64/40

Case was closed during the ninety-ninth session, in the light of the measures taken by the State party (A/66/40).

XA/65/40, A/66/40

1531/2006 Cunillera AriasA/66/40

X

1945/2010, AchabalA/68/40

CCPR/C/111/D/2008/2010 Aarrass

X

Sri Lanka (15)

916/2000, JayawardenaA/57/40

XA/58/40, A/59/40, A/60/40, A/61/40

X

950/2000, SarmaA/58/40

XA/59/40, A/60/40, A/63/40

X

909/2000, KankanamgeA/59/40

XA/60/40

X

1033/2001, NallaratnamA/59/40

XA/60/40, A/64/40

X

1189/2003, FernandoA/60/40

XA/61/40

X

1249/2004, Immaculate Joseph et al.A/61/40

XA/61/40

X

1250/2004, RajapakseA/61/40

X

X

1373/2005, DissanakyeA/63/40

X

X

1376/2005, BandaranayakeA/63/40

X

XA/68/40

1406/2005, Weerawanza,A/64/40

X

XA/68/40

1426/2005, Dingiri BandaA/63/40

X

X

1432/2005, GunaratnaA/64/40

X

X

1436/2005, SathasivamA/63/40

XA/65/40

X

1862/2009, Pathmini Peiris et al.A/67/40

CCPR/C/113/D/2087/2011, Guneththige

X

Suriname (8)

146/1983, BaboeramTwenty-fourth sessionc

XA/51/40, A/52/40,A/53/40, A/55/40, A/61/40

X

148 to 154/1983, Kamperveen,Riedewald,Leckie,Demrawsingh,Sohansingh, Rahman,HoostTwenty-fourth sessionc

XA/51/40, A/52/40,A/53/40, A/55/40, A/61/40

X

Sweden (3)

1416/2005, AlzeryA/62/40

XA/62/40

X

1833/2008, X.A/67/40

Follow-up dialogue was closed with a note of satisfactory implementation of the recommendation (A/69/40).

XA/68/40

A/68/40

2149/2012, IslamA/69/40

X

Tajikistan (22)

964/2001, SaidovA/59/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI).

XA/60/40, A/62/40, A/67/40

973/2001, KhalilovaA/60/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI).

XA/60/40, A/62/40, A/67/40

985/2001, AliboevA/61/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI).

A/62/40, A/67/40

1042/2002, BoimurudovA/61/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/62/40, A/63/40, A/67/40

1044/2002, NazrievA/61/40

XA/62/40, A/63/40

X

1096/2002, KurbonovA/59/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

A/59/40, A/60/40, A/62/40, A/67/40

1108 and 1121/2002, Karimov , AskarovandDavlatovA/62/40

The Committee decided to close the follow-up dialogue concerning the case of Mr. A.Davlatov and to suspend the dialogue, with a finding of unsatisfactory implementation of its recommendation, concerning Mr.Karimov, Mr. Askarov and Mr. N. Davlatov (seeA/67/40, chap. VI)

XA/63/40, A/67/40

1117/2002, KhomidovaA/59/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/60/40, A/67/40

1195/2003,DunaevA/64/40

X

X

1200/2003, SattorovaA/64/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/65/40, A/67/40

1208/2003, B. KurbanovA/61/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/62/40, A/67/40

1209/2003, 1231/2003 and 1241/2004, Rakhmatov , Safarov and Salimov andMukhammadievA/63/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/67/40

1263/2004 and 1264/2004, Khuseynov andButaevA/64/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/65/40, A/67/40

1276/2004, IdievA/64/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/65/40, A/67/40

1348/2005, AshurovA/62/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/67/40

1401/2005, KirpoA/65/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (see A/67/40, chap. VI)

XA/66/40, A/67/40

1499/2006, IskandarovA/66/40

1519/2006, KhostikoevA/65/40

The Committee decided to suspend the follow-up dialogue, with a finding of unsatisfactory implementation of its recommendation (seeA/67/40, chap. VI)

XA/66/40, A/67/40

Togo (4)

422 to 424/1990, Aduayom et al.A/51/40

XA/56/40, A/57/40

X

505/1992, AcklaA/51/40

XA/56/40, A/57/40

X

Trinidad and Tobago (23)

232/1987, PintoA/45/40and 512/1992, PintoA/51/40

XA/51/40, A/52/40, A/53/40

X

362/1989, SoogrimA/48/40

XA/51/40, A/52/40A/53/40, A/58/40

X

X

434/1990, SeerattanA/51/40

XA/51/40, A/52/40, A/53/40

X

523/1992, NeptuneA/51/40

XA/51/40, A/52/40A/53/40, A/58/40

X

533/1993, ElahieA/52/40

X

X

554/1993, La VendeA/53/40

X

X

555/1993, BickarooA/53/40

X

X

569/1996, MathewsA/43/40

X

X

580/1994, AshbyA/57/40

X

X

594/1992, PhillipA/54/40

X

X

672/1995, SmartA/53/40

X

X

677/1996, TeesdaleA/57/40

X

X

683/1996, WanzaA/57/40

X

X

684/1996, SahadathA/57/40

X

X

721/1996, BoodooA/57/40

X

X

752/1997, HenryA/54/40

X

X

818/1998, SextusA/56/40

X

X

845/1998, KennedyA/57/40

XA/58/40

X

899/1999, Francis et al.A/57/40

XA/58/40

X

908/2000, EvansA/58/40

X

X

928/2000, SooklalA/57/40

X

X

938/2000, Siewpersaud et al.A/59/40

XA/51/40,A/53/40

X

Turkey (2)

1853/2008 and 1854/2008, AtasoyandSarkutA/67/40

XA/68/40

XA/68/40

Turkmenistan (7)

1450/2006, KomarovskyA/63/40

X

X

1460/2006, YklymovaA/64/40

X

1530/2006, BozbeyA/66/40

X

1883/2009, OrazovaA/67/40

CCPR/C/112/D/2069/2011, Shikhmuradov

CCPR/C/113/D/2079/2011, Khadzhiev

CCPR/C/113/D/2218/2012, Abdullayev

X

X

X

Ukraine (5)

781/1997, AlievA/58/40

XA/60/40

X

1405/2005, PustovoitA/69/40

X

1412/2005, ButovenkoA/66/40

X

XA/68/40

1535/2006, ShchetkaA/66/40

X

X

1803/2008, BulgakovA/68/40

X

Uruguay (39)

A.[5/1977, MasseraSeventh session43/1979, CaldasNineteenth session63/1979, AntonaccioFourteenth session73/1980, IzquierdoFifteenth session80/1980, VasiliskisEighteenth session83/1981, MachadoTwentieth session84/1981, Dermit BarbatoSeventeenth session85/1981, RomeroTwenty-first session88/1981, BequioEighteenth session92/1981, NietoNineteenth session103/1981, ScaroneTwentieth session105/1981, CabreiraNineteenth session109/1981, VoituretTwenty-first session123/1982, LluberasTwenty-first session]

X43 follow-up repliesreceived A/59/40i

X

B.[103/1981, Scarone73/1980, Izquierdo92/1981, Nieto85/1981, Romero]

C.[63/1979, Antonaccio80/1980, Vasiliskis123/1982, Lluberas]

D.[4/1977, RamirezFourth session6/1977, SequeiroSixth session25/1978, MassiottiSixteenth session28/1978, WeiszEleventh session32/1978, TouronTwelfth session 33/1978, CarballalTwelfth session37/1978, De BostonTwelfth session44/1979, PietraroiaTwelfth session52/1979, Lopez BurgosThirteenth session56/1979, CelibertiThirteenth session66/1980, SchweizerSeventeenth session70/1980, SimonesFifteenth session74/1980, EstrellaEighteenth session110/1981, VianaTwenty-first session139/1983, ConterisTwenty-fifth session147/1983, GilboaTwenty-sixth session162/1983, AcostaThirty-fourth session]

E.[30/1978, BleierFifteenth session84/1981, Dermit BarbatoSeventeenth session107/1981, QuinterosNineteenth session]

159/1983, CariboniA/43/40c

X

X

322/1988, RodríguezA/51/40, A/49/40

XA/51/40

X

1887/2009, Peirano BassoA/66/40

XA/68/40

1637/2007, 1757/2008, and 1765/2008, Canessa Albareda et al.A/67/40

XA/68/40

Uzbekistan (32)

907/2000, SiragevA/61/40

XA/61/40

X

911/2000, NazarovA/59/40

XA/60/40

X

915/2000, RuzmetovA/61/40

X

X

917/2000, ArutyunyanA/59/40

XA/60/40

X

931/2000, HudoyberganovaA/60/40

XA/60/40

X

959/2000, BazarovA/61/40

XA/62/40

XA/62/40

971/2001, ArutyuniantzA/60/40

XA/60/40

X

1017/2001, Strakhovand 1066/2002,FayzulaevA/62/40

X

X

1041/2002, TulayganovA/62/40

X

X

1043/2002, ChikiunovA/62/40

X

X

1057/2002, KorvetovA/62/40

XA/62/40

XA/62/40

1071/2002, AgabekovA/62/40

X

X

1140/2002, KhudayberganovA/62/40

X

X

1150/2002, UteevA/63/40

XA/64/40

X

1163/2003, Isaev and KarimovA/64/40

XA/65/40

X

1225/2003, EshonovA/65/40

XA/66/40

X

1280/2004, TolipkhudzhaevA/64/40

XA/66/40

X

1284/2004, KodirovA/65/40

XA/66/40

X

1334/2004, Mavlonov and Sa’diA/64/40

X

X

1378/2005, KasimovA/64/40

X

X

1382/2005, SalikhA/64/40

XA/65/40

X

1418/2005, IskiyaevA/64/40

XA/65/40

X

1449/2006, UmarovA/66/40

XA/66/40

X

1478/2006, KungurovA/66/40

X

X

1552/2007, LyashkevichA/65/40

XA/66/40

X

1585/2007, BatyrovA/64/40

XA/66/40

X

1589/2007, GapirjanovA/65/40

XA/66/40

X

1769/2008, IsmailovA/66/40

X

X

1914-1915-1916/2009, MusaevA/67/40

XA/68/40

XA/68/40

Venezuela (BolivarianRepublic of) (3)

156/1983, SolórzanoA/41/40c

XA/59/40

X

1940/2010, CedeñoA/68/40

X

CCPR/C/112/D/2085/2011 García Bolívar

X

Zambia (6)

390/1990, LubutoA/51/40

XA/62/40

X

X

821/1998, ChongweA/56/40

XA/56/40, A/57/40, A/59/40, A/61/40, A/64/40, A/66/40

XA/68/40

856/1999, ChambalaA/58/40

XA/62/40

X

X

1132/2002, ChisangaA/61/40

XA/61/40, A/63/40, A/64/40, A/65/40

X

1303/2004, ChitiA/68/40

X

X

1859/2009, KamoyoA/67/40

X

X

aSee Selected Decisions of the Human Rights Committee under the Optional Protocol(vol. 1) (United Nations publication, Sales No. E.84.XIV.2).

bThe State party went some way to implementing the Views: the Committee has not specifically said implementation is satisfactory.

cSee Selected Decisions of the Human Rights Committee under the Optional Protocol(vol. 2) (United Nations publication, Sales No. E.89.XIV.1).

dFor all of these property cases, see also follow-up to concluding observations for the State party’s reply in A/59/40.

eSee A/59/40 for details of follow-up consultations.

fThe State party has not replied in writing, but it has met several times with the Special Rapporteur.

gSee A/59/40. Twenty-five detailed replies were received, of which 19 indicated that the State party would not implement the Committee’s recommendations; in 2, that it would investigate; in 1, that the author would be released (592/1994,Clive Johnson; see A/54/40). There were 36 general replies indicating that death sentences had been commuted. There were no follow-up replies in 31 cases.

h According to the information provided in A/52/40, the author had been released. No further has been information provided.

i Follow-up information was provided on 17 October 1991 (unpublished). Regarding the list of cases under A, the State party submitted that, on 1 March 1985, the competence of the civil courts was re-established.The amnesty law of 8 March 1985 benefited all the individuals who had been involved as authors, accomplices or accessory participants in political crimes or crimes committed for political purposes, from 1 January 1962 to 1 March 1985. The law allowed those individuals held responsible for intentional murder to have either their conviction reviewed or their sentence reduced. Pursuant to article 10 of the Act on National Pacification, all the individuals imprisoned under “measures of security” were released. In cases subjected to review, appellate courts either acquitted or condemned the individuals. By virtue of Act 15.783 of 20 November, all the individuals who had previously held a public office were entitled to return to their jobs. On cases under B, the State party indicates that these individuals were pardoned by virtue of Act 15.737 and released on 10 March 1985. Regarding the list of cases under C, these individuals were released on 14 March 1985; their cases were included under Act 15.737. Regarding the list of cases under D, from 1 March 1985, the possibility to file an action for damages was open to all of the victims of human rights violations that occurred during the de facto government. Since 1985, 36 suits for damages have been filed, 22 of them for arbitrary detention and 12 for the return of property. The Government settled Mr. Lopez’s case on 21 November 1990 by paying him $200,000. The suit filed by Lilian Celiberti is still pending. Besides the aforementioned cases, no other victim has filed a lawsuit against the State claiming compensation. Regarding the list of cases under E, on 22 December 1986 the Congress passed Act 15.848, known as “termination of public prosecutions”. Under the Act, the State can no longer prosecute crimes committed before 1 March 1985 by the military or the police for political ends or on orders received from their superiors. All pending proceedings were discontinued. On 16 April 1989, the Act was confirmed by referendum. The Act required investigating judges to send reports submitted to the judiciary about victims of disappearances to the Government, for the latter to initiate inquiries.