ICCPR Case Digest

CCPR/C/119/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
Relevant Articles
  • Article 10
  • Article 14.1
  • Article 2
  • 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 individuals whose Covenant rights have been violated with an effective remedy in the form of full reparation.

Accordingly, the State party is obligated to, inter alia, immediately reconsider the authors’ continued detention and take steps to facilitate their release in the light of the present Views.

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 State party should review its legislation to ensure that the rights under articles 9 (1) and (4) and 10 (3) of the Covenant may be fully enjoyed in the State party.

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