Recommendations

In accordance with article 2(3)(a) of the Covenant, the State party is under an obligation to provide Mr. Humaam  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 to, inter alia,

• (a) take immediate steps to quash Mr Humaam’s conviction and sentence  and immediately release him ,
• (b) if appropriate, order a retrial of Mr Humaam’s case, ensuring that the proceedings comply with all fair trial guarantees in accordance with the obligations under articles 6 and 14 of the Covenant, including conducting a psychiatric assessment to ensure that Mr. Humaam is competent to stand trial; and
• (c) provide Mr Humaam with adequate compensation. The State party is also under an obligation to avoid similar violations of the Covenant in the future. In this regard, the Committee reminds the State party that it may not impose the death penalty on an individual with serious psycho-social and intellectual disabilities, or execute any individual with a diminished ability to understand the reasons for their sentence.