ICCPR Case Digest

CCPR/C/122/D/2190/2012

Submission: 2018.04.04

View Adopted: 2018.04.04

Leonid Sudalenko and Anatoly Poplavny v. Belarus

Substantive Issues
  • Effective remedy
  • Freedom of expression
  • Right of peaceful assembly
Relevant Articles
  • Article 19
  • Article 21
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 of the authors’ rights under articles 19 (2) and 21, read in conjunction with article 2 (3), of the Covenant. The Committee reiterates its conclusion that the State party has also violated its obligations under article 1 of the Optional Protocol

Recommendations

the State party is under an obligation, inter alia, to:

  • Provide the authors with adequate compensation, including reimbursement for any legal costs or other fees incurred by them, and appropriate measures of satisfaction. 
  • Take all steps necessary to prevent similar violations from occurring in the future.

In this connection, the Committee reiterates that, in accordance with its obligation under article 2 (2) of the Covenant, the State party should:

  • Review its legislation, in particular the Public Events Act of 30 December 1997, as it has been applied in the present case, with a view to ensuring that the rights under articles 19 and 21 of the Covenant may be fully enjoyed in the State party

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

 

GRADE: 21 JANUARY 2019

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