ICCPR Case Digest

CCPR/C/118/D/2128/2012

Communication

2128/2012

Submission: 2011.10.11

View Adopted: 2016.11.03

Kerrouche v. Algeria

Substantive Issues
  • Conditions of detention
  • Fair trial
  • Freedom of expression
Relevant Articles
  • Article 10
  • Article 14
  • Article 17
  • Article 19
  • Article 2.3
  • Article 7
Violations

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 provision requires that States parties make full reparation to individuals whose Covenant rights have been violated.


In the present case, the State party is under an obligation, inter alia,

1) to conduct a full and effective investigation

2) to prosecute and punish the perpetrators

3) to provide appropriate measures of satisfaction.

Pursuant to article 2 (2) of the Covenant, the State party is also required to review its national legislation, in particular article 144 of the Criminal Code, in order to bring it into conformity with article 19 of the Covenant. The State party is also under an obligation to adopt measures to prevent similar violations in the future.

Implementation

Implementation due date: May 3 2017

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

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CCPR NGO and NHRI Participation

Documents adopted by the Human Rights Committee (March 2012)

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