ICCPR Case Digest

CCPR/C/115/D/2304/2013

Submission:

Mukhtar v. Kazakhstan

Substantive Issues
  • Fair trial
  • Respect for the inherent dignity of the human person
Relevant Articles
  • Article 10.1
  • Article 14
Full Text

Recommendations

Pursuant to 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 take appropriate steps to:

  • (a) quash the author’s conviction and release him, and, if deemed necessary, conduct a new trial, subject to the principles of fair and public hearings, access to counsel and other procedural safeguards;
  • (b) pending release, provide the author with continuous and effective access to health care in the place of imprisonment; and
  • (c) provide the author with appropriate reparation, including adequate compensation.

The State party is also under an obligation to take steps to prevent similar violations occurring in the future.

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