several criminal charges under the Bolivian Criminal Code on
12 September 1987, the determination of these charges had not resulted in a
judgement, at first instance, nearly four years later; the State party has not
shown that the complexity of the case was such as to justify this delay. The
Committee concludes that this delay violated the victim's rights under
article 14, paragraph 3 (c),
7.
The Human Eights Committee, acting under article 5, paragraph 4, of the
Optional Protocol to the International Covenant on Civil and Political Rights,
finds that the facts before it reveal a violation of articles 9, paragraphs 2
and 3, and 14, paragraph 3 (c), of the Covenant.
8.
In accordance with the provisions of article 2 of the Covenant, the State
party is under an obligation to take effective measures to remedy the
violations suffered by Messrs. Andre Fillastre and Pierre Bizouarn. The
Committee has taken note of the State party's information that the offence for
which the authors have been indicted under article 313 of the Bolivian
Criminal Code is punishable by imprisonment of one to five years, and observes
that the authors have already been detained for a period of four years and two
months. In the circumstances, the State party should grant the authors a
remedy in the form of their immediate release and ensure that similar
violations do not occur in the future.
9.
The Committee would wish to receive information, within 30 days, on any
relevant measures adopted by the State party in respect of the Committee's
views.
[Done in English, French, Russian and Spanish, the English text being the
original version,]
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