ICCPR Case Digest
Hicks v. Australia
- Liberty and security of person
- Article 9.1
In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated.
In the particular circumstances of the present case, in which the State party’s actions were intended to benefit the author and did, in fact, mitigate the harm he would have suffered had he continued to be kept in the custody of the United States, the Committee considers that the finding of a violation constitutes appropriate reparation in the form of satisfaction. The State party is under an obligation to take steps to prevent similar violations in the future.