ICCPR Case Digest

CCPR/C/121/D/2502/2014

Communication

2502/2014

Submission: 2014.02.17

View Adopted: 2017.11.07

Allan Brian Miller and Michael John Carroll v. New Zealand

Substantive Issues
  • Arbitrary detention
  • Conditions of detention
  • Right to judicial review of detention
Relevant Articles
  • Article 10
  • Article 14.1
  • Article 3 - OP1
  • Article 5.2 (b) - OP1
  • Article 9
Violations

Recommendations

In accordance with article 2(3) (a) of the Covenant, the State Party is under an obligation to provide the authors with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated., by, inter alia, immediately reconsidering the authors' continued detention and taking steps to facilitate their release in light of the present Views.

The State Party is also under an obligation to take steps to prevent the occurance of similar violations in the future. In this connection, the State party should review its legislation to ensure that the rights under article 9(1) and (4) and article 10(3) of the Covenant may be fully enjoyed in the State party.

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