ICCPR Case Digest

CCPR/C/116/D/2099/2011

Submission:

Maksimovich Polskikh v. Russian Federation

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Confessions obtained under duress
  • Effective remedy
  • Fair trial
Relevant Articles
  • Article 14
  • Article 2
  • Article 7
  • Article 9
Full Text

Recommendations

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. Accordingly, the State party is obligated, inter alia, to:

(a) conduct a thorough and effective investigation into the author’s allegations of torture during his pretrial detention;

(b) provide him with detailed information on the results of the investigation;

(c) prosecute, try and, if confirmed, punish those responsible for the violations committed;

(d) provide the author with a retrial with all the guarantees enshrined under the Covenant; and

(e) provide adequate compensation to the author for the violations suffered.

The State party is also under an obligation to take measures to prevent similar violations in the future.

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