ICCPR Case Digest

CCPR/C/123/D/2392/2014

Submission: 2014.01.15

View Adopted: 2018.07.18

S.Y. v. Netherlands

Substantive Issues
  • Effective remedy
  • Preparation of defence
  • Right to appeal
Relevant Articles
  • Article 14.5
Violations

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it reveal a violation by the State party of article 14 (5), read alone and in conjunction with article 2 (3), of the Covenant

Recommendations

The Committee considers that, in the present case, an effective remedy will allow a review of the author’s conviction and sentence by a higher tribunal, or the implementation of other appropriate measures capable of removing the adverse effects caused to the author, together with adequate compensation.

In this context, the Committee welcomes the fact that the State party has already expressed its readiness to clear the author’s criminal record in respect of the offence that is the subject matter of the communication before the Committee, to delete all data concerning the offence from the police records, to reimburse the fine and the damages paid to the civil party which were imposed by Utrecht District Court, and to compensate the author for legal costs and expenses relating to the leave to appeal procedure and the procedure before the Committee, including additional costs occasioned due to the change of counsel by the author.

The State party is also under an obligation to 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 bring the relevant legal framework into conformity with the requirements of article 14 (5) of the Covenant

Implementation

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

 

DATE: 18 JANUARY 2019

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