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 that States parties provide redress to individuals whose Covenant rights have been violated.

In the present case, the State party is required, inter alia, to take appropriate measures to:

(a) immediately release the author;

(b) declare the author’s conviction null and void and, if necessary, initiate new proceedings that are consistent with the principles of fairness and the presumption of innocence, in addition to other legal safeguards; and

(c) provide the author with adequate compensation.

The State party must also take measures to ensure that such violations are not repeated in future.