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article 9, paragraphs 1, 2 and 4, of the Covenant. On the same basis, the Committee
concludes, however, that there has been no violation of article 9, paragraph 5, as it does
not appear that the author has in fact claimed compensation for unlawful arrest or
detention.
5.3 As to the complaint of a violation of articles 7 and 10, paragraph 1, of the Covenant,
the Committee notes that the author has given a detailed account of the treatment he was
subjected to during his detention, including acts of torture or ill-treatment and,
subsequently, the deliberate denial of proper medical attention despite his loss of mobility.
Indeed, he has provided a medical certificate attesting to the sequelae of such treatment.
Under the circumstances, and in the absence of any counter-argument from the State party,
the Committee finds that the author was a victim of multiple violations of article 7 of the
Covenant, prohibiting torture and cruel, inhuman and degrading treatment. The Committee
considers that the conditions of detention described in detail by the author also constitute a
violation of article 10, paragraph 1, of the Covenant.
5.4 With regard to alleged violations of articles 6, paragraph 1 and 23, paragraph 1, of the
Covenant, the Committee notes the author’s statement that his wife was beaten by soldiers,
that Commander Mortos refused her request to travel to Bangui to receive medical
attention, and that she died three days later. The Committee considers that these
statements, which the State party has not contested although it had the opportunity to do
so, and which the author has sufficiently substantiated, warrant the finding that there have
been violations of articles 6, paragraph 1 and 23, paragraph 1, of the Covenant as to the
author and his wife.
6. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
facts before it reveal violations by the Democratic Republic of the Congo of articles 6,
paragraph 1;7; 9, paragraphs 1, 2 and 4; 10, paragraph 1; and 23, paragraph 1, of the
Covenant.
7. Under article 2, paragraph 3 (a), of the Covenant, the State party has an obligation to
ensure that the author has an effective remedy available. The Committee therefore urges
the State party (a) to conduct a thorough investigation of the unlawful arrest, detention and
mistreatment of the author and the killing of his wife; (b) to bring to justice those
responsible for these violations; and (c) to grant Mr. Mulezi appropriate compensation for
the violations. The State party is also under an obligation to take effective measures to
ensure that similar violations do not occur in future.
8. The Committee recalls that, by becoming a State party to the Optional Protocol, the
Democratic Republic of the Congo recognized the competence of the Committee to
determine whether there has been a violation of the Covenant or not and that, under article
2 of the Covenant, the State party has undertaken to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the Covenant and to provide
an effective and enforceable remedy in the event that a violation is established.
Consequently, the Committee wishes to receive from the State party, within 90 days of the