ICCPR Case Digest
View Adopted: 2016.10.28
Samathanam v. Sri Lanka
- Fair trial
- Liberty and security of person
- Respect for the inherent dignity of the human person
- Torture / ill-treatment
- Article 10
- Article 14
- Article 7
- Article 9
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:
1) conduct a thorough and effective investigation into the facts submitted by the author;
2) prosecute, try and punish those responsible for theauthor’s arbitrary arrest, ill-treatment and inhumane detention, and make the results of such measures public;
3) provide adequate compensation and appropriate measures of satisfaction to the author for the violations suffered.
The State party is also under an obligation to take steps to prevent similar violations in the future.
In particular, the State party should ensure that:
1) its legislation complies with the provisions of the Covenant;
2) the burden of proving that a confession has not been obtained under torture or other ill-treatment rests with the prosecution in proceedings against the alleged victim.
Implementation due date: April 28 2017