Comm. No. 4/1977

23.07.1980, Torres Ramírez v. Uruguay / Numerous violations of CCPR (inhuman detention)

 1 HRLJ 226 (1980)

Comm. No. 5/1977

15.08.1979, Bazzano/Valentini/Massera v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 209 (1980)

Comm. No. 6/1977

29.07.1980, M. Millán Sequeira v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 231 (1980)

Comm. No. 8/1977

03.04.1980, Beatriz Weismann/Lanza Perdomo v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 221 (1980)

Comm. No. 9/1977

26.10.1979, Santullo Valcada v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 216 (1980)

Comm. No. 11/1977

29.07.1980, Alberto Grille Motta et al. v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 237 (1980)

Comm. No. 16/1977

25.03.1983, D. Monguya Mbenge et al. v. Zaire / Requirements of proceedings in absentia

4 HRLJ 185 (1983)

Comm. No. 24/1977

30.07.1981, Sandra Lovelace v. Canada / Indian Act discriminatory on the grounds of sex

2 HRLJ 158 (1981)

Comm. No. 27/1978

29.10.1981, Larry Pinkney v. Canada / Undue delay in producing trial transcripts

2 HRLJ 344 (1981)

Comm. No. 28/1978

29.10.1980, Weinberger Weisz v. Uruguay / Numerous violations of CCPR (inhuman detention)

1 HRLJ 243 (1980)

Comm. No. 31/1978

28.03.1980, Guillermo Waksman v. Uruguay / Consideration discontinued

1 HRLJ 220 (1980)

Comm. No. 34/1978

08.04.1981, Jorge Landinelli Silva et al. v. Uruguay / Deprivation of political rights

2 HRLJ 130 (1981)

Comm. No. 35/1978

09.04.1981, Aumeeruddy-Cziffra et al. v. Mauritius / Immigration Act discriminatory on the grounds of sex

2 HRLJ 139 (1981)

Comm. No. 40/1978

09.04.1981, E. Hartikainen v. Finland / Free thinkers’s rights respected by legislation on religious freedom

2 HRLJ 133 (1981)

Comm. No. 45/1979

31.03.1982, Maria Fanny Suárez de Guerrero v. Colombia / Legislative decree and right to life

3 HRLJ 168 (1982)

Comm. No. 46/1979

27.07.1982, O. Fals Borda et al. v. Colombia / Interpretation of Article 14 (judicial garantees) and Article 9 (right to liberty) of the Covenant

3 HRLJ 202 (1982)

Comm. No. 50/1979

07.04.1982, G. Van Duzen v. Canada / Right to retroactivity of a “lighter penalty”

3 HRLJ 181 (1982)

Comm. No. 52/1979

29.07.1981, López Burgos v. Uruguay / Kidnapping of trade-union leader in Argentina

2 HRLJ 150 (1981)

Comm. No. 56/1979

29.07.1981, Lilian Celiberti v. Uruguay / Perpetration of criminal acts by authorities on foreign territory

2 HRLJ 145 (1981)

Comm. No. 57/1979

23.03.1982, S. Vidal Martins v. Uruguay / Refusal to renew passport of a citizen resident abroad

3 HRLJ 165 (1982)

Comm. No. 58/1979

09.04.1981, Anna Maroufidou v. Sweden / Expulsion of a presumed terrorist

2 HRLJ 143 (1981)

Comm. No. 61/1979

02.04.1982, Leo Hertzberg et al. v. Finland / Restriction on freedom of expression with respect to radio and television programmes dealing with homosexuality

3 HRLJ 174 (1982)

Comm. No. 63/1979

28.10.1981, Raúl Sendic v. Uruguay / Victim’s right to contact the Committee directly

2 HRLJ 340 (1981)

Comm. No. 64/1979

24.03.1982, C. Salgar de Montejo v. Colombia / Right to review of conviction by a higher tribunal during state of siege

3 HRLJ 166 (1982)

Comm. No. 75/1980

31.03.1983, Fanali v. Italy / “One level only” proceedings before the Constitutional Court in the “Lockheed Affair”

4 HRLJ 189 (1983)

Comm. No. 78/1980

20.07.1984, A.D. v. Canada / Right of Mikmaq people to self-determination / Communication inadmissible

5 HRLJ 194 (1984)

Comm. No. 84/1981

21.10.1982, Guillermo & Hugo Dermit Barbato v. Uruguay / Burden of proof in case of failure to co-operate by State party concerned

3 HRLJ 191 (1982)

Comm. No. 89/1981

08.04.1985, Paavo Muhonen v. Finland / Legal status of conscientious objectors in Finland / Compensation after conviction

6 HRLJ 237 (1985)

Comm. No. 90/1981

21.07.1983, Luyeye Magana ex-Philibert v. Zaire / Arbitrary arrest and detention

4 HRLJ 195 (1983)

Comm. No. 104/1981

06.04.1983, J.R.T. and the W.G. Party v. Canada / Advocacy of racial hatred and inadmissibility of a communication

4 HRLJ 193 (1983)

Comm. No. 107/1981

21.07.1983, Quinteros v. Uruguay / Abduction from the Venezuelan embassy by Uruguayan authorities

4 HRLJ 196 (1983)

Comm. No. 108/1981

22.07.1983, Varela Núñez v. Uruguay / Revocation of passport from citizen resident abroad

4 HRLJ 204 (1983)

Comm. No. 112/1981

08.04.1986, Y.L. v. Canada / “Suit at law” / Purview of Article 14 (1) of the Covenant / Dismissal from the Canadian Army / Claim for a disability pension / Communication inadmissible

7 HRLJ 281 (1986)

Comm. No. 117/1981

10.04.1984, M.A. v. Italy / Conviction for reorganizing the dissolved fascist party

5 HRLJ 191 (1984)

Comm. No. 121/1982

23.07.1982, A.M. v. Denmark / Competence to consider a communication which has already been considered by the European Commission of Human Rights

3 HRLJ 188 (1982)

Comm. No. 132/1982

01.04.1985, Monja Jaona v. Madagascar / Leader of the political opposition victim of arbitrary arrest and detention

6 HRLJ 233 (1985)

Comm. No. 138/1983

26.03.1986, Ngalula et al. v. Zaire / Measures against former Zairian parliamentarians / Numerous violations of the Covenant

7 HRLJ 277 (1986)

Comm. No. 146/1983
and 148-154/1983

04.04.1985, Baboeram et al. v. Suriname / Suriname’s responsibility for killings in military police action in 1982

6 HRLJ 234 (1985)

Comm. No. 155/1983

03.04.1987, Hammel v. Madagascar / Unlawful expulsion of an attorney who represented persons before the UN-HR Committee

9 HRLJ 249 (1988)

Comm. No. 156/1983

26.03.1986, Solórzano v.Venezuela / Ill-treatment and detention without judgment

7 HRLJ 275 (1986)

Comm. No. 157/1983

26.03.1986, Mpaka-Nsusu v. Zaire / Candidacy for presidential elections in Zaire / Numerous violations of the Covenant

7 HRLJ 280 (1986)

Comm. No. 163/1984

10.04.1984, C. et al. v. Italy / Compulsory employment of disabled persons

5 HRLJ 193 (1984)

Comm. No. 165/1984

26.03.1986, J.M. v. Jamaica / Alleged loss of passport / Communication inadmissible

7 HRLJ 271 (1986)

Comm. No. 167/1984

26.03.1990, Lubicon Lake Band v. Canada (Ominayak and the Lubicon Lake Band) / Historical inequities and recent developments threatening the Lubicon Lake Band’s way of life and culture violate minority rights (Article 27)

11 HRLJ 305 (1990)

Comm. No. 168/1984

17.07.1985, V.O. v. Norway / Examination of the same matter by the Committee and the European Commission / Communication inadmissible

7 HRLJ 268 (1986)

Comm. No. 178/1984

26.03.1985, J.D.B. v. Netherlands / Communication referring to the right to work inadmissible

6 HRLJ 231 (1985)

Comm. No. 180/1984

09.04.1987, L.G. Danning v. Netherlands / Insurance benefits / Distinction in Dutch law between married and unmarried couples not discriminatory

9 HRLJ 259 (1988)

Comm. No. 182/1984

09.04.1987, Zwaan-de-Vries v. Netherlands / Legislation on unemployment benefits discriminated against married women

9 HRLJ 256 (1988)

Comm. No. 183/1984

26.03.1985, D.F. v. Sweden, Communication of a Swede on behalf of Arabs and Muslims inadmissible

6 HRLJ 232 (1985)

Comm. No. 185/1984

09.07.1985, L.T.K. v. Finland / Right to conscientious objection / Communication inadmissible

7 HRLJ 267 (1986)

Comm. No. 187/1985

12.04.1985, J.H. v. Canada / Discrimination on the basis of language / Promotion policies in the Canadian Armed Forces / Communication inadmissible

6 HRLJ 240 (1985)

Comm. No. 195/1985

12.07.1990, William Delgado Páez v. Colombia / Violation of the State’s duty to protect the security of a person (Article 9) and the right to have access to public service in his own country (Article 25)

11 HRLJ 313 (1990)

Comm. No. 198/1985

09.07.1987, Rubén D. Stalla Costa v. Uruguay / Access to public service / Preferential treatment of persons dismissed under the military regime

9 HRLJ 261 (1988)

Comm. No. 202/1986

28.10.1988, Graciela Ato del Avellanal v. Peru / Denial of the right to litigate before the courts for married women

9 HRLJ 262 (1988)

Comm. No. 217/1986

08.04.1987, H.v.d.P. v. Netherlands / Recruitment policies of an international organization / Communication inadmissible

9 HRLJ 254 (1988)

Comm. No. 217/1986

re: H.v.d.P. v. Netherlands, see also below under EurCommHR, appl. No. 11056/84

Comm. No. 220/1987

08.11.1989, T.K. v. France / Exclusive use of French, rather than Breton, in legal proceedings does not harm the effectiveness of the legal remedy / Application of Article 27 (minority rights) excluded by French reservation

11 HRLJ 300 (1990)

Comm. No. 250/1987

20.07.1990, Reid v. Jamaica / Sentence of death imposed without a fair trial violates Articles 6 and 14

11 HRLJ 319 (1990)

Comm. No. 295/1988

25.07.1990, Aapo Järvinen v. Finland / Longer duration of the alternative service for conscientious objectors is not considered discriminatory

11 HRLJ 324 (1990)

Comm 298/1988 et al.

09.11.1990, Lindgren, Holm, Hjord, Lundquist, Radko, Stahl v. Sweden / Failure to provide financial support to parents of children attending private schools in Sweden / Discrimination denied

12 HRLJ 24 (1991)

Comm. No. 305/1988

23.07.1990, van Alphen v. Netherlands / Arbitrary pre-trial detention of a lawyer, suspected of forgery and involvement in false income tax returns

11 HRLJ 328 (1990)

Comm. No. 310/1988

11.04.1991, M.T. v. Spain / Alleged torture committed before entry into force of the Optional Protocol for Spain / Communication inadmissible since no continuing violation established

12 HRLJ 299 (1991)

Comm. No. 314/1988

14.07.1993, Bwalya v. Zambia / Detention and harassment on account of membership in a political party considered illegal / Violation of Articles 9, 12, 19, 25 and 26 CCPR

14 HRLJ 408 (1993)

Comm. No. 349/1989

27.07.1992, Wright v. Jamaica / Imposition of death penalty without strict observance of procedural guarantees (Article 14 CCPR) violates right to life (Article 6 CCPR)

13 HRLJ 348 (1992)

Comm. No. 352/1989

19.10.1993, Douglas et al. v. Jamaica / Availability of legal aid for constitutional motions not required under Article 14 § 5 CCPR as they do not involve the determination of a criminal charge / Constitutional motion is an unavailable remedy if author has no means of his own to pursue it

15 HRLJ 23 (1994)

Comm 359/1989 et al.

31.03.1993, McIntyre et al. v. Canada / Violation of freedom of expression of English speaking citizens of Quebec

14 HRLJ 171 (1993)

Comm. No. 400/1990

03.04.1995, Mónaco and Vicario v. Argentina / Violation of the rights of a child to protection and recognition of legal personality / Argentinian disappearance case

16 HRLJ 397 (1995)

Comm. No. 402/1990

27.07.1993, Brinkhof v. Netherlands / Differentiation in treatment between Jehovah’s Witnesses and conscientious objectors to military and substitute service / No violation in the instant case

14 HRLJ 410 (1993)

Comm. No. 409/1990

02.11.1990, E.M.E.H. v. France / No claim against France admissible because of discontinued pension from the Algerian SNCF

12 HRLJ 26 (1991)

Comm. No. 410/1990

27.07.1992, Párkányi v. Hungary / Five minute time-limits for personal hygiene and open air exercise violate detainee’s right to be treated with humanity and dignity (Article 10 CCPR)

13 HRLJ 345 (1992)

Comm. No. 413/1990

02.11.1990, A.B. et al. v. Italy (South-Tirol case) / No claim for self-determination under the Optional Protocol admissible

12 HRLJ 25 (1991)

Comm. No. 449/1991

15.07.1994, Mojica v. Dominican Republic / Responsibility of the Dominican Republic for the disappearance of Rafael Mojica

17 HRLJ 18 (1996)

Comm. No. 453/1991

31.10.1994, Coeriel and Aurik v. Netherlands / Denial of request to have surnames changed into Hindu names / Violation of right to privacy

15 HRLJ 422 (1994)

Comm. No. 467/1991

16.07.1993, V.E.M. v. Spain / Submission of the same matter to the European Commission of Human Rights

17 HRLJ 105 (1996)

Comm. No. 468/1991

20.10.1993, Oló Bahamonde v. Equatorial Guinea / Discrimination because of criticism of the State’s President / Failure to ensure the right to security of person / Unlawful confiscation of property / Competences of judiciary and executive not clearly distinguishable

15 HRLJ 26 (1994)

Comm. No. 469/1991

05.11.1993, Ng (Charles Chitat) v. Canada / Extradition to California to face death penalty by cyanide gas asphyxiation violates Article 7 of the Covenant

15 HRLJ 149 (1994)

Comm. No. 470/1991

30.07.1993, Kindler v. Canada / Extradition to the United States even at risk of death penalty and death row phenomenon not considered to violate the CCPR

14 HRLJ 307 (1993)

Comm. No. 486/1992

29.07.1992, K.C. v. Canada / Claim of an American citizen facing death penalty in case of extradition to the United States declared inadmissible because of non-exhaustion of domestic remedies

13 HRLJ 352 (1992)

Comm. No. 491/1992

28.07.1992, J.L. v. Australia / Complaint of an Australian solicitor against annual practising fee and compulsory professional indemnity insurance declared inadmissible

13 HRLJ 353 (1992)

Comm. No. 516/1992

19.07.1995, Simunek et al. v. Czech Republic / Citizenship and permanent residence as cumulative preconditions to restitution or compensation of confiscated property incompatible with non-discrimination requirement of Article 26 CCPR

17 HRLJ 13 (1996)

Comm. No. 534/1993

19.10.1993, H.T.B. v. Canada / Allegation of insanity in criminal proceedings, forwarded only on appeal / Communication inadmissible

15 HRLJ 163 (1994)

Comm. No. 539/1993

31.10.1994, Cox v. Canada / Extradition to the United States to face the possible imposition of the death penalty not considered to violate the CCPR

15 HRLJ 410 (1994)

Comm. No. 540/1993

25.03.1996, Laureano v. Peru / Forced disappearance of a minor / Absence of cooperation on the part of the State party / Violation of Articles 6, 7, 9 and 24 CCPR

18 HRLJ 178 (1997)

Comm. No. 550/1993

08.11.1996, Faurisson v. France / Restrictions on freedom of expression for denial of the Holocaust under the 1990 Gayssot Act / Author’s conviction justified

18 HRLJ 40 (1997)

Comm. No. 563/1993

27.10.1995, Bautista v. Colombia / State party’s obligations in a case of clearly established responsibility of State agents for the disappearance, torture and death of a member of the 19 April Movement (“M-19”) / Ongoing intimidation and harassment of the victim’s family

17 HRLJ 19 (1996)

Comm. No. 566/1993

23.07.1996, Somers v. Hungary / Claims relating to confiscation of property of former political prisoners during the Communist period / Alleged discriminatory nature of the compensation legislation / No breach of Article 26 CCPR

17 HRLJ 412 (1996)

Comm 575/1994 et al.

04.04.1995, Guerra and Wallen v. Trinidad and Tobago / Non-exhaustion of domestic remedies in a death row case / State party’s refusal to comply with request for interim protection

16 HRLJ 400 (1995)

Comm. No. 645/1995

22.07.1996, Bordes et al. v. France / Resumption of French nuclear tests on Mururoa / Authors cannot claim to be “victims”

18 HRLJ 36 (1997)

Comm. No. 656/1995

30.10.1995, V.E.M. v. Spain (see also No. 467/1991) / Failure to substantiate the claim / Second communication inadmissible

17 HRLJ 107 (1996)

Comm. No. 747/1997

30.10.2001, Des Fours Walderode v. Czech Republic / Retroactive legislation preventing the effective restitution of property confiscated under Beneš Decree 12/945 / Deprivation of rights already acquired by virtue of prior Czech legislation and administrative decisions / Breach of the right to equality before the law and non-discrimination (Article 26 CCPR)

22 HRLJ 199 (2001)

Comm. No. 829/1998

05.08.2003, Judge v. Canada / Obligation of States that have abolished the death penalty not to expose a person to a real risk of its application / Deportation from Canada to the U.S. violates Article 6 CCPR / Kindler decision of 1993 overruled / Interpretation of the Covenant as a living instrument in the light of present-day conditions

24 HRLJ 322 (2003)

Comm. No. 845/1999

02.11.1999, Kennedy v. Trinidad and Tobago / General exclusion of death penalty cases not compatible with object and purpose of the first Optional Protocol to the CCPR / Reservation made by Trinidad and Tobago considered not valid / Communication declared admissible

21 HRLJ 18 (2000)

Comm. No. 845/1999

26.03.2002, Kennedy v. Trinidad and Tobago / Mandatory imposition of the death penalty violates Article 6 § 1 CCPR / Decision on the merits / State party concerned has denounced the Optional Protocol

23 HRLJ 356 (2002)

Comm. No. 884/1999

25.07.2001, Ignatane v. Latvia / Disqualification of an election candidate in Riga representing a minority (Latvian citizen with Russian origin) / Arbitrary ad hoc review of proficiency in the official language

22 HRLJ 364 (2001)

Comm. No. 925/2000

22.10.2001, Wan Kuok Koi v. Portugal / Applicability of the Optional Protocol to Macao / Exhaustion of domestic remedies regarding a communication submitted on 15 December, i.e. four days before Macao reverted to Chinese administration

23 HRLJ 166 (2002)

Comm. No. 1078/2002

02.11.2005, Yurich v. Chile / Enforced disappearance considered to be a continuing offence / Daughter missing since 1974 / State party concerned refers to Optional Protocol in force since 1992 / Communication declared inadmissible ratione temporis / Chanet, Lallah, O’Flaherty, Palm and Solari-Yrigoyen dissenting

27 HRLJ 40 (2006)

Comm. No. 1122/2002

20.10.2008, Lagunas Castedo v. Spain / Lack of impartiality of a tribunal, doubts objectively justified / Dispute over selection process for a temporary contract at the University of Murcia / Reporting judge being also lecturer at the university to which the candidate had applied

29 HRLJ 226 (2008)

Comm. No. 1153/2003

24.10.2005, Llantoy Huamán v. Peru / Arbitrary refusal of a legally authorized therapeutic abortion by doctors in a public-sector hospital / Physical pain and mental suffering (Pregnancy involving an anencephalic foetus) / Cruel, inhuman or degrading treatment / Violation of Articles 2, 7, 17 and 24 CCPR

26 HRLJ 348 (2005)

Comm 1321/2004 et al.

03.11.2006, Yoon and Choi v. Republic of Korea / Conscientious objection to military service protected under Article 18 of the Covenant / Prior jurisprudence overturned / Refusal to be drafted for military service as a direct expression of religious beliefs(Jehovah’s Witnesses)

28 HRLJ 166 (2007)

Comm. No. 1328/2004

10.07.2007, Kimouche versus Algeria / Enforced disappearance after arrest in 1996 / State’s failure to investigate places victim outside the protection of the law, Article 16 CCPR / New jurisprudence

28 HRLJ 41 (2007)

Comm. No. 1405/2005

20.03.2014, Pustovoit v. Ukraine / Violation of Article 7 (degrading treatment) by placing the accused in a metal cage during the public trial at the Supreme Court with hands hand-cuffed behind his back / Most other alleged violations regarding pre-trial detention, court proceedings and detention after conviction for murder declared inadmissible because not sufficiently substantiated

35 HRLJ 47 (2015)

Comm. No. 1410/2005

21.03.2011, Yevdokimov et al. v. Algeria / Prisoners’ right to vote / Government relies on blanket deprivation of the right to vote foreseen in the Constitution without identifying the reasonableness of the restriction in the present case / Committee refers to the Strasbourg case-law / Violation of Article 25 CCPR

31 HRLJ 281 (2011)

Comm. No. 1416/2005

25.10.2006, Alzery v. Sweden / Execution of an expulsion order to Egypt within a matter of hours and without advice to counsel violates Article 1 OP / Excessive use of force by CIA agents at Bromma airport (Sweden) / Insufficient diplomatic assurances to prevent ill-treatment in detention / Government’s preliminary objection based on the author’s previous application to the EurCourtHR dismissed

27 HRLJ 391 (2006)

Comm. No. 1421/2005

24.07.2006, Larrañaga v. the Philippines / Imposition of the death penalty after an unfair trial considered as inhuman treatment / Öcalan judgment cited as reference / Reference to the Strasbourg case-law rejected by two Committee members

27 HRLJ 380 (2006)

Comm. No. 1423/2005

09.07.2008, Sipin v. Estonia / Legal prohibition to grant Estonian citizenship to anyone who “served as a professional member of the armed forces of a foreign state” applied to a military pensioner of the former USSR army / No violation of the right to equality (Article 26 CCPR) / Reference to national security reasons justified given the context of a formely occupied country having gained independence in 1991 after the collapse of the USSR

29 HRLJ 230 (2008)

Comm. No. 1454/2006

13.07.2007, Lederbauer v. Austria / Imposition of disciplinary measures to a civil servant (suspension and dismissal from his post based on evident conflict between his public work as an auditor and private economic activities) and length of proceedings (more than 7 years before the High Administrative Court) / Relation between Article 6 ECHR and Article 14 CCPR / Case, declared inadmissible ratione materiae before the EurCourtHR, held to be well-founded under Article 14 of the Covenant / Austria’s preliminary objection based on its reservation to Article 5 § 2 (a) of the OP rejected

28 HRLJ 332 (2007)

Comm. No. 1457/2006

27.03.2009, Poma v. Peru / Protection of minorities, economic aspect / Dispossession of waters used by indigenous people for their traditional activities (raising llamas on the Andean altiplano) / Violation of Article 27 CCPR

30 HRLJ 63 (2009-2010)

Comm. No. 1472/2006

22.10.2008, Sayadi and Vinck v. Belgium / Implementation of UNSC resolution 1267 (1999) to combat terrorism / State party’s responsibility for having communicated the authors’ names to the UN Sanctions Committee, and hence their listing / Violation of the right to liberty of movement (Article 12 CCPR), and of the authors’ honour and reputation (Article 17 CCPR)

29 HRLJ 233 (2008)

Comm. No. 1608/2007

29.03.2011, L.M.R. v. Argentina (submitted by her mother V.D.A.)/ Difficulty in accessing legal abortion in Buenos Aires province / here: Rape victim with mental disability turned to the black market / Judiciary involved in three instances / Despite favourable ruling (obtained only in the last instance) the State hospital refused to perform the abortion / Violation of Articles 7, 17 and 2 para. 3 CCPR (inhuman treatment, right to privacy, effective remedy)

31 HRLJ 289 (2011)

Comm 1642/2007 et al.

24.03.2011, Jeong et al. v. Republic of Korea / The right to conscientious objection to military service “must not be impaired by coercion” / Violation of Article 18 para. 1 CCPR in respect of 100 Jehovah’s Witnesses / Concurring opinion points to different reasoning from the one used in the leading case which overturned in 2006 prior jurisprudence

31 HRLJ 285 (2011)

Comm. No. 1780/2008

22.03.2011, Zarzi versus Algeria / Arrest in 1994 and subsequent disappearance without any effective investigation to establish the victim’s fate whose family was obliged to request a “disappearance report” and a declaration of presumed death in 2007 / State party contests the admissibility of the communication referring to the Charter for Peace and National Reconciliation (adopted in 2006) / Preliminary objection rejected / Prohibition of torture (Article 7 CCPR) violated

32 HRLJ 259 (2012)

Comm. No. 1782/2008

21.03.2012, Aboufaied v. Libya / Member of the opposition having obtained political asylum in Switzerland returns to Libya in 2006 to resume political activities / Incommunicado detention and torture inflicted on him and his brother, both eventually released / Categorization of the detentions as enforced disappearances and as violations of Article 16 CCPR (recognition of legal personality)

32 HRLJ 249 (2012)

Comm 1853/2008 et al.

29.03.2012, Atasoy and Sarkut v. Turkey / Committee reiterates that the right to conscientious objection to military service is inherent to the right to freedom of thought, conscience and religion (Article 18 CCPR) / Turkey denotes the Committee’s interpretation as an “abuse of right”

32 HRLJ 31 (2012)

Comm. No. 1857/2008

28.03.2013, A.P. v. Russia / Right to be registered as candidate in forthcoming State Duma elections / Federal electoral system foresees obligation by passing through a list of a political party / Complaint of a non-party member declared inadmissible

33 HRLJ 283 (2013)

Comm. No. 1876/2009

22.07.2011, Ranjit Singh v. France / Wearing a turban as integral part of a Sikh’s identity / Obligation to remove the turban for resident card photograph considered as unlawful restriction on freedom of religion

32 HRLJ 25 (2012)

Comm. No. 1879/2009

01.11.2013, A.W.P. v. Denmark / Political statements insulting Muslims by MPs (Danish Popular Party) / Communication submitted by a Muslim declared inadmissible (lack of victim status)

35 HRLJ 56 (2015)

Comm. No. 1885/2009

27.03.2014, Horvath v. Australia / Police brutality (broken nose, chipped tooth, loss of consciousness) during invasion of a house without a warrant / Successful civil claim (police officer held personally liable to pay damages for assault, trespass, false imprisonment and malicious prosecution) nullified by the impossibility to have the judgment enforced, due to factual and legal obstacles / Violation of the right to an effective remedy

34 HRLJ 276 (2014)

Comm 1917/2009 et al.

28.03.2013, Prutina et al. v. BiH / Obligation of missing persons’ families, despite ongoing war crimes investigation, to produce death certificate regarding prisoners last seen alive in 1992 in order to be eligible for compensation / Violation of the Covenant

33 HRLJ 275 (2013)

Comm. No. 1945/2010

27.03.2013, Cruz Achabal Puertas v. Spain / Examination of the same case before two international organs / Complaint regarding torture during incommunicado detention / EurCourtHR Committee of three judges declares that it “does not observe any appearance of violation of the rights and freedoms guaranteed by the Convention” / UN-HRCee decides that the prohibition of torture has been violated

33 HRLJ 267 (2013)

Comm. No. 1968/2010

22.10.2014, Blessington and Elliot v. Australia / Imposition of life sentence on juveniles without possibility of review and prospect of release violates the Covenant

35 HRLJ 38 (2015)

Comm. No. 2005/2010

05.11.2015, Hicks v. Australia / U.S./Australian prisoner-transfer arrangement / Enforcement violates detainee’s right to liberty / here: Prisoner, held from 2002-2007 at Guantánamo Bay, finally sentenced in 2007 by the U.S. Military Commission after having pleaded guilty (support for terrorism), returned home to Australia in 2007 to serve the remaining 7 months of his sentence

36 HRLJ 373 (2016)

Comm. No. 2008/2010

21.07.2014, Aarrass v. Spain / Extradition to Morocco in 2010 despite the Committee’s request for interim measures / Existence of reliable reports regarding the use of torture to extract confessions in cases of terrorism-related offences (here: Belliraj case) / Author’s extradition violates Article 7 (prohibition of torture)

35 HRLJ 320 (2015)

Comm. No. 2036/2011

21.07.2015, Yusupova v. Russian Federation / Denial of the right to compensation violates Article 9 (5) of the Covenant / Victim of political repression during the Stalin-era (forced deportation and internment from 1944 to 1957) / National courts declared the claim unfounded in 2006, the appeal was rejected as belated / Committee’s jurisdiction not precluded ratione temporis / Admissibility not challenged by the Government

36 HRLJ 29 (2016)

Comm. No. 2053/2011

16.10.2014, B.L. v. Australia / Conversion from Islam to Christianity / Any threat to the author came from his family, but not from the Mourides Brotherhood / Removal to Senegal would not violate fundamental rights (right to life, prohibition of torture, freedom of religion) / Contention that in Senegal no effective protection would be available rejected

35 HRLJ 21 (2015)

Comm. No. 2062/2011

23.03.2016, M.K. et al. v. Slovakia / Discrimination on political grounds / Civil servants pressured in 2003/2004 to resign from their functions with the SIS (Government intelligence service) based on the sole ground of their having already served in the relevant Ministry before 1989 (during the Communist era)

36 HRLJ 290 (2016)

Comm. No. 2120/2011

29.10.2012, Kovaleva et al. v. Belarus / Imposition of death penalty / Secrecy surrounding date of execution and place of burial as well as refusal to hand over the body for burial amount to inhuman treatment of executed prisoner’s family

33 HRLJ 10 (2013)

Comm. No. 2124/2011

14.07.2016, Rabbae et al. v. Netherlands / State’s obligation to address hateful speech and incitement to violence / Meaning of Article 20(2) of the Covenant / Acquittal of a politician (Geert Wilders) did not violate the authors’ rights

37 HRLJ 48 (2017)

Comm. No. 2126/2011

17.10.2014, Kesmatulla Khakdar v. Algeria / Rights of an undocumented immigrant, being a former combatant of the pro-Soviet regime who fought against the mujahideen, and who left Afghanistan 20 years ago to live in Russia / Risk to be subjected to torture if forcibly returned to Afghanistan leads to non-refoulement obligation

35 HRLJ 31 (2015)

Comm. No. 2131/2012

21.10.2014, Leven v. Kazakhstan / Member of the Evangelist Christian Baptist Church convicted for conducting “missionary activity” / Obligation to register as a foreign missionary violates freedom of religion / Limitation not shown to serve any legitimate purpose

35 HRLJ 26 (2015)

Comm. No. 2183/2012

23.07.2015, M.G. v. Poland / Compensation for acknowledged inhuman conditions of detention / State party reveals author’s similar complaint filed with the EurCourtHR / Author’s subsequent withdrawal of the case in Strasbourg without desired effect / Communication inadmissible

35 HRLJ 318 (2015)

Comm. No. 2183/2012

re: M.G. v. Poland, see also the author’s application to the EurCourtHR, application no. 43325/10, Marian Gruca v. Poland

Comm. No. 2205/2012

27.10.2016, Agazade and Jafarov v. Azerbaijan / Unlawful media control / Practice of allocating broadcasting frequencies without a tender to entities which appear to have ties with the State party’s government / Authors’ right to freedom of expression violated

37 HRLJ 60 (2017)

Comm. No. 2245/2013

17.03.2017, Maya v. Nepal, Sexual violence against women in order to extract information about alleged support of the Maoists / Failure to initiate any investigation / here: Gang rape and other forms of torture by members of the Royal Nepalese Army / State party should abolish the 35-day statute of limitation for filing complaints of rape, and criminalize torture, and remove legal provisions allowing for impunity for this crime

38 HRLJ 261 (2018)

Comm. No. 2256/2013

27.07.2017, X. v. Sri Lanka, 17 years’ old Indian Tamil girl (ethnic minority in Sri Lanka) abducted on here way home from school and raped by two Sinhalese men in 2001 (identifi ed and arrested within a few days) / Investigation and Court proceedings unduly prolonged and delayed until a conviction in 2015 / Civil remedies still ongoing / Violation of articles 7 and 26 (prohibition of torture and prohibition of discrimination)

38 HRLJ 268 (2018)

Comm. No. 2273/2013

12.07.2018 / Vandom v. Republic of Korea / Mandatory in-country HIV and drug testing applied to non-nationals working in a profession that involves a confined environment and contact with minors / State party’s justification to “maintain public health and public order” rejected with reference to the findings of the UN International Task Team on HIV-related Travel Restrictions / Measures inflicted on an American teacher violate the right to non-discrimination and the right to privacy

Comm. No. 2324/2013

31.03.2016, Mellet v. Ireland / Irish abortion law and practice / Having to choose between continuing to carry a dying foetus and terminating a pregnancy by travelling to another country / Violation of Articles 7, 17 and 26 of the Covenant (Cruel, inhuman and degrading treatment; Right to privacy; Discrimination)

37 HRLJ 36 (2017)

Comm. No. 2389/2014

22.07.2015, X. v. Denmark / Real risk of persecution in Iran regarding an Iranian national, ethnic Kurd, born and raised in refugee camps in Iraq considered by the Iranian authorities to be linked to Kurdish opposition groups / Author’s removal from Denmark would violate Article 7 (prohibition of torture) / State’s obligation to consider facts and evidence “in their combination” together with the documented prevalence of torture in the Islamic Republic of Iran

36 HRLJ 22 (2016)

Comm. No. 2502/2014

07.11.2017, Miller and Carroll v. New Zealand, Preventive detention regime in New Zealand / First oral hearing before the Committee / Obligation to alter the detention conditions after the expiry of the initial punitive part of the sentence not fulfilled (violation of articles 9(1) and 10(3)) / Independence and impartiality of the Parole Board successfully challenged (violation of article 9(4), right to “court” proceedings)

38 HRLJ 273 (2018)

Comm. No. 2728/2016

24.10.2019, Teitiota v. New Zealand / Conditions of life resulting from climate change and rising sea-levels in the Republic of Kiribati in 2015 / Burden of proof placed on the author / Imminent risk regarding the right to life after removal to Kiribati denied

39 HRLJ 25 (2019)

Comm. No. 2751/2016

25.07.2019, Portillo Cáceres et al. v. Paraguay / Environmental pollution that poisoned the authors (members of two families) and led to the death of Mr. Portillo Cáceres / Large scale use of toxic agrochemicals for extensive mechanized cultivation of genetically modified soybeans without respecting a 100-metre buffer zone to protect human settlements / Violation of the right to life and the authors’ private life, family life and home

39 HRLJ 33 (2019)

Comm. No.
2754/2016

 25.10.2022, J.S.K.N. v. Denmark / Language requirements for naturalization / Discriminatory impact on people with disabilities / here: Refusal to grant exemption from language test regarding a stateless Palestinian refugee diagnosed with post-traumatic stress disorder

 42 HRLJ 375 (2022)

Comm. No. 2802/2016

09.11.2017, Nekvedavičius v. Lithuania, No duplication of claims before international mechanisms / Communication declared inadmissible based on the fact that a final judgment of the ECtHR (appl. no. 1471/05, Nekvedavičius v. Lithuania) rendered in favour of the author is still pending before the Committee of Ministers, organ of the Council of Europe, entrusted according to Article 46 § 2 ECHR with the supervision of ECtHR judgments / Background: Lengthy non-enforcement of a Lithuanian judgment of 2001 regarding restoration of property nationalised by the Soviet regime

38 HRLJ 22 (2018)

Comm. No. 2807/2016

17.07.2018, Hebbadj v. France, French blanket ban on the full-face veil (niqab) in public spaces violates the Covenant / The concept of “living together” unlawful restriction of article 18 (freedom of religion) / The majority of the Committee does not follow the approach of the ECtHR in S.A.S. v. France, decided in 2014

38 HRLJ 250 (2018)

Comm. No. 2813/2016

22.03.2023, Murne v. Sweden / Tragic events leading to the use of lethal force by the police called to a private home in order to hospitalize a young man (22 years old) with a severe psychosocial disability / Violation of Article 6 of the Covenant (right to life) due to a lack of planning and coordination of the police intervention / Joint dissenting opinion of 7 Committee members (considerations on admissibility and on the merits)

43 HRLJ 383 (2023)

Comm. No.
2844/2016

 13.07.2021, Baltasar Garzón v. Spain / Arbitrary criminal proceedings against the investigating judge and removal from office in cases of major political significance / New jurisprudence established / Right to be tried by an independent and impartial tribunal (Article 14 para. 1 of the Covenant) violated in the Franco regime and Gürtel cases / Arbitrary and unforeseeable conviction, in addition no access to a higher tribunal in the Gürtel case (violation of Article 14 para. 5 and Article 15 para. 1 of the Covenant

 43 HRLJ 22 (2023)

Comm. No. 2912/2016

05.11.2019, K K et al. v. Russia / Relatives’ attempt to claim the lack of an effective investigation into the killing of Polish prisoners of war (Katyn massacre, 1940) unsuccessful / Communication declared inadmissible ratione temporis

39 HRLJ 43 (2019)

Comm. No. 2918/2016

19.10.2020, D.Z. v. Netherlands / Child born in the Netherlands registered with the annotation “unknown nationality”/ National legal order did not foresee to correct registration as “stateless” which would have allowed international protection / Right of the child to acquire nationality (Article 24 of the Covenant) violated

40 HRLJ 35 (2020)

Comm. No. 2992/2017

15.03.2023, Krikkerik v. Russia / Hatred towards a specific social group / here: LGBT people / Refusal of the police to initiate criminal proceedings in relation to an aggression by counterdemonstrators during an authorized pride parade and another attack directed against lesbian, gay, bisexual and transgender individuals / Violation of Article 7 of the Covenant (prohibition of cruel treatment) and of Article 26 (prohibition of discrimination) by failing to establish a clear legal basis for protecting LGBT people

43 HRLJ 392 (2023)

Comm. No. 2999/2017

21.03.2023, S v. Australia / Interpretation of Article 12 § 4 of the Covenant: “right to enter his own country” / Concept of an individual’s own country not limited to nationality in a formal sense: long-standing residence, close personal and family ties must be taken into consideration / Arbitrary removal of a national of North Macedonia (with a significant criminal history), living since the age of 3 for more than 50 years in Australia / Dissenting Opinion of six Committee Members

44 HRLJ 51 (2024)

Comm. No. 3041/2017

19.03.2019 / B.D.K. v. Canada / Prospective deportation of a mother and her two eldest children to Angola / Asylum claim of the author’s husband and further family members still pending / Imminent separation of the family / Canadian authorities identified contradictory and implausible elements in the author’s statements / Alleged violation of numerous Covenant rights declared unfounded

39 HRLJ 49 (2019)

Comm. No. 3042/2017

 04.11.2020 / A.S. et al. v. Italy / Failed search and rescue operation at sea on 11 October 2013 -- over 200 people died: Event occurred outside the territorial waters of Italy / Jurisdiction affirmed, based on factual elements such as ongoing involvement of the Maritime Rescue Coordination Centre in Rome after having answered the first distress call / Violation of the right to life in its substantive as well as its procedural aspects (Article 6 para. 1 alone and in conjunction with Article 2 para. 3 of the Covenant)

40 HRLJ 48 (2020)

Comm. No. 3043/2017

 13.03.2020 / A.S. et al. v. Malta / Failed search and rescue operation at sea on 11 October 2013 -- over 200 people died: Event occurred outside the territorial waters of Malta but within its Search and Rescue (SAR) Zone / Jurisdiction affirmed / Communication declared inadmissible due to non-exhaustion of domestic remedies

40 HRLJ 41 (2020)

Comm. No. 3102/2018

25.10.2022, Barrio v. Spain / Prison sentence served seven months longer than stipulated / Various claims for compensation failed / Violation of Article 9 para. 5 of the Covenant (compensation for unlawful detention) / Arbitrary delay in the sentence aggregation proceedings

43 HRLJ 47 (2023)

Comm. No. 3171/2018

15.03.2023, Lazarova v. Bulgaria / State’s responsibility regarding public care homes / Tragic death of a person with intellectual disabilities (victim’s unnoticed escape in wintertime) / Evidence of systemic deficiencies in the relevant social care institution: malnutrition, medication without proper supervision, chronic underfunding, etc. / Violation of Articles 6, 7 and 10 § 1 of the Covenant (right to life, inhuman treatment, deprivation of liberty)

44 HRLJ 42 (2024)

Comm. No. 3252/2018

13.10.2023, Maslova v. Kyrgyzstan / Unlawful restrictions on freedom of expression (Article 19 of the Covenant): Civil courts order to remove an article from an Internet news portal criticizing the then Head of State and oblige the journalist to pay  EUR 38,000 for non-pecuniary damages

44 HRLJ 57 (2024)

Comm. No. 3267/2018

26.10.2022, Barriga v. Ecuador / Penalty proceedings against a national newspaper (El Universo) lead to self-censored journalistic activities in order to avoid penalties and fines / Communication submitted by directors and shareholders of the newspaper / Obligation to publish replies violated freedom of expression (Article 19 para. 3) / Existing remedy in the context of penalty proceedings without suspensive effect, thus not to be qualified as an effective remedy (Article 2 para. 3 of the Covenant)

43 HRLJ 54 (2023)

Comm. No. 3585/2019

15.03.2023, Roy v. Australia / Effective participation of Indigenous Peoples in the mechanism for the determination of their rights to traditional territory required under Article 27 of the Covenant (protection of minorities) / here: Wunna Nyiyaparli, Indigenous People from Australia comprising approximately 200 persons / Principles of fair trial and equality of arms (Article 14 para. 1 of the Covenant) violated

43 HRLJ 399 (2023)

Comm. No. 3624/2019

21.07.2022 /  Billy et al. v. Australia / Impact of adverse climate change on low-lying islands / here: Torres Strait Islands / Violation of the State’s positive obligation to protect the authors’ rights under the Covenant (Article 17 -- home, private life and family; Article 27 -- enjoyment of minority culture)

42 HRLJ 34 (2022)

Comm. No. 3740/2020

19.07.2022, Dafnis v. Greece / Disproportionate impact of conditions of detention on an author with multiple disabilities / Violation of the Covenant regarding the duty to protect the right to life (Article 6 para. 1) / Specific circumstances represent inhuman treatment contrary to Articles 7 and 10

43 HRLJ 38 (2023)

Comm. No. 3788/2020

13.10.2023, Babaryka v. Belarus / Presidential election campaign in Belarus in 2020 / Viktar Babaryka, the main challenger to the President in office (Alexander Lukashenko) arrested on the basis of unproven accusations by the Department of Financial Investigations the day before the registration of candidates started / Deprivation of liberty without being brought promptly before a judge / Violation of Article 9 §§ 1, 3 and 4 of the Covenant

44 HRLJ 61 (2024)

Comm. No. 3809/2020

26.07.2022, Aliev v. Ukraine / Right to review of a life sentence by way of Presidential pardon / National procedure lacks clarity and predictability / Violation of Article 7 of the Covenant (inhuman treatment) / Author refers to the Strasbourg case-law

43 HRLJ 30 (2023)