ICCPR Case Digest

CCPR/C/116/D/2233/2013

Submission:

F.J. et al. v. Australia

Substantive Issues
  • Exhaustion of domestic remedies
  • Failure to substantiate claim
  • Right to liberty
  • Torture / ill-treatment
Relevant Articles
  • Article 10.1
  • Article 7
  • Article 9.1
  • Article 9.2
  • Article 9.4
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, provide the authors with rehabilitation and adequate compensation.

The State party is also under an obligation to take steps to prevent similar violations in the future. In this connection, the State party should revise its migration legislation to ensure its conformity with the requirements of articles 7 and 9 (1) and (4) of the Covenant.

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