ICCPR Case Digest

CCPR/C/120/D/2158/2012

Communication

2158/2012

Submission: 2012.02.23

View Adopted: 2017.07.13

Andrei Sviridov v. Kazakhstan

Substantive Issues
  • Freedom of expression
Relevant Articles
  • Article 19
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, inter alia, toreview the author’s conviction and provide adequate compensation and appropriate measures of satisfaction, including reimbursement of any legal costs incurred by the author.

The State party is also under an obligation to prevent similar violations in the future. In this connection, the Committee reiterates that, pursuant to its obligations under article 2 (2) of the Covenant, the State party should review its legislation, in particular the law on the organization and conduct of peaceful assemblies, meetings, processions, pickets and demonstrations, as it has been applied in the present case, with a view to ensuring that the rights under article 19 of the Covenant may be fully enjoyed in the State party.

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