ICCPR Case Digest

CCPR/C/123/D/2372/2014

Communication

2372/2014

Submission: 2013.07.30

View Adopted: 2018.07.25

Evelio Ramón Giménez v. Paraguay

Substantive Issues
  • Right of peaceful assembly
Relevant Articles
  • Article 14.1
  • Article 14.3 (a)
  • Article 15
  • Article 21
  • Article 3 - OP1
  • Article 5.2 (b) - OP1
Violations

Recommendations

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, including reimbursement of any legal costs incurred by the author in the context of the proceedings referred to in the present communication, together with compensation.

The State party is also under an obligation to take steps to prevent similar violations in the future. In this regard, the Committee reiterates that the State party must take the necessary measures to ensure that the rights enshrined in article 21 of the Covenant may be fully enjoyed in the State party[1] and that the sentences handed down in the context of criminal proceedings do not entail a violation of the rights set out in article 21 of the Covenant.

 

                   [1]  See, inter alia, Turchenyak and others v. Belarus, para. 9, and Govsha, Syritsa and Mezyak v. Belarus (CCPR/C/105/D/1790/2008), para. 11.

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