Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the State party has violated the author’s rights under articles 19 (2) and 21 of the Covenant. 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, inter alia, to:

• Take appropriate steps to provide the author with adequate compensation, including reimbursement of the fine imposed on the author as a result of the administrative proceedings and any legal costs incurred by her
• Take all steps necessary to prevent similar violations from occurring in the future 

In this connection, the Committee reiterates that, in accordance with its obligation under article 2 (2) of the Covenant, the State party should:

• Review its legislation, in particular the Public Events Act of 30 December 1997, as it has been applied in the present case
• Ensuring that the rights under articles 19 and 21 of the Covenant may be fully enjoyed in the State party

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: 19 JANUARY 2019