CCPR/C/83/D/1134/2002
Page 11
established by law which are objective and reasonable. 14 Although the letter dated 25 March
1998, which informed the author of the removal of his name from the register of voters, refers to
the “current electoral law”, it justifies that meas ure with his “judicial antecedent”. In this regard,
the Committee reiterates that persons who are deprived of liberty but who have not been
convicted should not be excluded from exercising the right to vote, 15 and recalls that the author
was acquitted by the Military Tribunal in 1986 and that his conviction by another tribunal in
1981 was expunged by virtue of Amnesty Law 82/21. It also recalls that persons who are
otherwise eligible to stand for election should not be excluded by reason of political affiliation. 16
In the absence of any objective and reasonable grounds to justify the author’s deprivation of his
right to vote and to be elected, the Committee concludes, on the basis of the material before it,
that the removal of the author’s name from the voters’ register amounts to a violation of his
rights under article 25 (b) of the Covenant.
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 of articles 9, paragraph 1; 10, paragraphs 1 and 2 (a); 12, paragraph 1;
and 25 (b) of the Covenant.
7.
In accordance with article 2, paragraph 3, of the Covenant, the author is entitled to an
effective remedy, including compensation and assurance of the enjoyment of his civil and
political rights. The State party is also under an obligation to take measures to prevent similar
violations in the future.
8.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party has
recognized the competence of the Committee to determine whether there has been a violation of
the Covenant or not and that, pursuant to article 2 of the Covenant, that State party has
undertaken to ensure all individuals within its territory or subject to its jurisdiction the rights
recognized in the Covenant and to provide an effective and enforceable remedy in case a
violation has been established, the Committee wishes to receive from the State party, within 90
days, informatio n about the measures taken to give effect to the Committee’s Views. The State
party is also requested to publish the Committee’s Views.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
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14
General Comment No. 25 [57] on article 25, para. 4.
Ibid., at para. 14.
16
Ibid., at para. 15.
15