ICCPR Case Digest

CCPR/C/120/D/2209/2012

Communication

2209/2012

Submission: 2012.09.27

View Adopted: 2017.07.13

Amarasinghe Arachchige Simon Amarasinghe v. Sri Lanka

Substantive Issues
  • Liberty and security of person
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 2.3
  • Article 6
  • Article 7
  • 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 provision requires that States parties make full reparation to individuals whose Covenant rights have been violated.

In the present case, the State party is under the obligation, inter alia, to:

(a) conduct a thorough and effective investigation into the facts submitted by the author;

(b) prosecute, try and punish those responsible for the author’s brother’s arbitrary arrest, ill-treatment and death, and make the results of such measures public; and

(c) provide adequate compensation and appropriate measures of satisfaction to the author for the violations suffered.

The State party is also under an obligation to take steps to prevent similar violations in the future. In particular, the State party should ensure that its legislation complies with the provisions of the Covenant.

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