Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide an effective remedy to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated to, inter alia, provide Messrs. Poplavny and Sudalenko with adequate compensation.

The State party is also under an obligation to take all the steps necessary to prevent similar violations from occurring in the future. In this connection, the Committee reiterates that the State party should revise its legislation, as it has been applied in the present case, in accordance with its obligation under article 2 (2) with a view to ensuring that the rights under articles 19 and 21 of the Covenant may be fully enjoyed in the State party.