ICCPR Case Digest

CCPR/C/120/D/2147/2012

Communication

2147/2012

Submission: 2012.02.21

View Adopted: 2017.07.14

Yan Melnikov v. Belarus

Substantive Issues
  • Arbitrary detention
  • Fair trial
  • Freedom of assembly
  • Freedom of expression
Relevant Articles
  • Article 14
  • Article 19
  • Article 21
  • Article 9
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. In the present case, the State party is under an obligation to provide reimbursement of any legal costs incurred by the author as well as adequate compensation and appropriate measures of satisfaction. 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 review its legislation, in particular the Pubic Events Act of 30 December 1997, as it has been applied in the present case, with a view to ensuring that the rights under articles 9, 19 and 21 of the Covenant may be fully enjoyed in the State party.

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