Merits

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

• take appropriate steps to release the author; quash the author’s conviction and, if necessary, conduct a new trial, in accordance with the principles of fair hearings, presumption of innocence and other procedural safeguards;
• conduct a prompt and impartial investigation into the author’s allegations of torture; and
• provide the author with adequate compensation and reimbursement of the court fines and any legal costs and other related fees incurred by him.

The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future.