ICCPR Case Digest

CCPR/C/124/DR/2257/2013 - CCPR/C/124/DR/2334/2014

Communication

2257/2013 - 2334/2014

Submission: 2012.11.07

View Adopted: 2018.10.15

Bakhytzhan Toregozhina v. The Republic of Kazakhstan

Substantive Issues
  • Freedom of assembly
  • Freedom of expression
  • Non-discrimination
Relevant Articles
  • Article 19
  • Article 21
  • Article 26
  • Article 5.2.b
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. This requires it to make full reparation to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated, inter alia, to provide the author with adequate compensation and reimbursement of the fine and any legal costs incurred by her.

The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. In this connection, the Committee reiterates that, pursuant to its obligations under article 2(2) of the Covenant, the State party should review its legislation, in particular the law on the organization and conduct of peaceful assemblies, meetings, processions, pickets and demonstrations, 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.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

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Documents adopted by the Human Rights Committee (March 2012)

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Documents adopted by the Human Rights Committee (November 2012)

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