CCPR/C/115/D/2214/2012
Annex
Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political Rights (115th session)
concerning
Communication No. 2214/2012 *
Submitted by:
John-Jacques Lumbala Tshidika (represented
by the World Organization Against Torture
and Association africaine de défense des
droits de l’homme)
Alleged victim:
The author
State party:
Democratic Republic of the Congo
Date of communication:
13 August 2012 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 5 November 2015,
Having concluded its consideration of communication No. 2214/2012, submitted
by John-Jacques Lumbala Tshidika under the Optional Protocol to the International
Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the
author of the communication and the State party,
Adopts the following:
Views under article 5, paragraph 4, of the Optional Protocol
1.1 The author of the communication dated 13 August 2012 is Mr. Lumbala
Tshidika, born on 2 May 1969 in the Democratic Republic of the Congo. He claims to
be a victim of violations by the Democratic Republic of the Congo of articles 7 a nd 9,
read alone and in conjunction with articles 2 (paras. 2 and 3), 10, 16, 17, 19 and 23, of
the Covenant. He is represented by the World Organization Against Torture and
Association africaine de défense des droits de l’homme. The Optional Protocol entered
into force for the State party on 1 February 1977.
1.2 On 27 November 2012, the Committee, acting through its Special Rapporteur on
new communications and interim measures, requested the State party to implement
__________________
* The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville, Yuji
Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley,
Víctor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert Fohr, Yuval Shany, Konstantine Vardzelashvili and Margo Waterval.
The text of an individual opinion (partly dissenting) of Committee members Olivier de Frouville,
Yadh Ben Achour and Mauro Politi is appended to the present Views.
2/17
GE.15-22873