Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose violations by the State party of articles 6 and 26.

Recommendations

The State party is obliged, inter alia, to:

• Take appropriate steps to provide the author with adequate compensation. 
• Take all steps necessary to prevent similar violations in the future
• Review its national legislation to ensure that irregular migrants have access to essential health care to prevent a reasonably foreseeable risk that can result in loss of life

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: 24 JANUARY 2019

Committee's assessment 127th session (CCPR/C/127/3):

• (a) Adequate compensation: E;
• (b) Non-repetition including review of national legislation: E.

Committee’s decision: Follow-up dialogue ongoing.