ICCPR Case Digest

CCPR/C/122/D/2201/2012

Submission: 2012.02.23

View Adopted: 2018.03.26

Aleksandr Tyvanchuk et al. v. Belarus

Substantive Issues
  • Fair trial
  • Independent and impartial tribunal
  • Right to a hearing before a competent court
  • Right to appeal
Relevant Articles
  • Article 14.1
  • Article 14.2
  • Article 14.3
  • Article 14.3 (b)
  • Article 14.3 (e)
  • Article 14.5
  • Article 14.6
Violations

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the State party violated article 14 (1) of the Covenant in respect of all the authors concerning the trial by Minsk Military Court, and in respect of Mr. Tyvanchuk concerning the refusal of the civil courts to waive the court fees. The Committee reiterates its conclusion that the State party has also violated its obligations under article 1 of the Optional Protocol.

Recommendations

the State party is obligated to, inter alia:

  • Provide the authors with adequate compensation. In the present case, the State party is under an obligation to, inter alia, quash the decisions of the Minsk Military Court dated 26 October 2004 and 5 August 2005, and subsequent court decisions based on them
  • Provide the authors with a new trial, offering all the guarantees set out in article 14 of the Covenant 
  • Take all steps necessary to prevent similar violations from occurring in the future

Implementation

the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views.

 

DATE: 26 SEPTEMBER 2018

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