ICCPR Case Digest

CCPR/C/122/D/2212/2012

Submission: 2012.07.12

View Adopted: 2018.04.06

Andrei Sannikov v. Belarus

Substantive Issues
  • Arbitrary detention
  • Effective remedy
  • Equality before the law
  • Freedom of assembly
  • Freedom of expression
  • Independent and impartial tribunal
  • Preparation of defence
  • Presumption of innocence
  • Privacy
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 14
  • Article 17
  • Article 19
  • Article 21
  • Article 26
  • Article 7
  • Article 9
Full Text

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation by the State party of articles 7, 9 (1) and (3), 14 (1), (2) and (3) (b), (e) and (g), 17, 19 (2) and 21 of the Covenant.

Recommendations

the State party is obligated, inter alia, to:

  • Provide Andrei Sannikov with adequate compensation, expunge his conviction from his criminal record and carry out a prompt, impartial, effective and thorough investigation into the allegations of torture and ill-treatment.
  • Initiate criminal proceedings against those responsible.
  • take all steps necessary to prevent similar violations from occurring in the future.

Implementation

The Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views.

 

DATE: 6 OCTOBRE 2018

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