ICCPR Case Digest

CCPR/C/122/D/2270/2013 - CCPR/C/122/D/2851/2016

Communication

2270/2013-2851/2016

Submission: 2013.07.08

View Adopted: 2018.04.04

Mohamed Rasheed, Jared Genser and Nicole Santiago v. Maldives

Substantive Issues
  • Fair trial
  • Freedom of association
  • Right to be elected
Relevant Articles
  • Article 14
  • Article 22
  • Article 25
Full Text

Recommendations

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

Accordingly, the State party is obligated to, inter alia:

  • (a) quash the conviction of Mohamed Nasheed, review the charges against him taking into account the present Views, and, if appropriate, conduct a new trial ensuring all fair trial guarantees; and
  • (b) restore his right to stand for office, including for the office of President.

The State party is also under an obligation to take steps to prevent similar violations from occurring in the future, including reviewing its legislation to ensure that any restriction on the right to stand for office is reasonable and proportionate.

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