ICCPR Case Digest

CCPR/C/115/D/2016/2010

Submission:

Sudalenko v. Belarus

Substantive Issues
  • Freedom of expression
  • Right of peaceful assembly
Relevant Articles
  • Article 19
  • Article 21
Full Text

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. This requires it to make full reparation to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated, inter alia, to reimburse any expenses incurred by the author and to provide him with adequate compensation.

The State party is also under an obligation to take steps to prevent similar violations in the future. In this connection, the Committee reiterates that the State party should revise its legislation in accordance with its obligation under article 2 (2), in particular decision No. 299 of the Gomel City Executive Committee and the Law on Mass Events of 30 December 1997, as they have been applied in the present case, with a view to ensuring that the rights under articles 19 and 21 of the Covenant may be fully enjoyed in the State party.9

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