CCPR/C/131/D/2772/2016 United Nations International Covenant on Civil and Political Rights Distr.: General 12 July 2021 English Original: French Human Rights Committee Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 2772/2016*, **, *** Communication submitted by: Émile Bisimwa Muhirhi (represented by counsel from TRIAL International) Alleged victim: The author State party: Democratic Republic of the Congo Date of communication: 24 March 2016 (initial submission) Document references: Decision taken pursuant to rule 92 of the Committee’s rules of procedure, transmitted to the State party on 7 June 2016 (not issued in document form) Date of adoption of Views: 23 March 2021 Subject matter: Torture and arbitrary detention Procedural issues: Lack of cooperation by the State party Substantive issues: Right to an effective remedy; cruel, inhuman or degrading treatment or punishment; fair trial; right to liberty; arbitrary interference with family life Articles of the Covenant: 2 (3), 7, 9, 10, 14 (3) (b) and (g), 17 and 23 Articles of the Optional Protocol: 2, 3 and 5 (2) 1.1 The author of the communication is Émile Bisimwa Muhirhi, a citizen of the Democratic Republic of the Congo born on 3 November 1983. He claims that the State party has violated his rights under articles 7, 9 and 10, read alone and in conjunction with article 2 (3), and articles 14 (3) (b) and (g), 17 and 23 of the Covenant. The Democratic Republic of the Congo acceded to the Optional Protocol to the Covenant on 1 November 1976. The author is represented by counsel from the non-governmental organization (NGO) TRIAL International. * Adopted by the Committee at its 131st session (1–26 March 2021). ** The following members of the Committee participated in the examination of the communication: Tania María Abdo Rocholl, Wafaa Ashraf Moharram Bassim, Yadh Ben Achour, Arif Bulkan, Mahjoub El Haiba, Furuya Shuichi, Carlos Gómez Martínez, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Kobauyah Tchamdja Kpatcha, Hélène Tigroudja, Imeru Tamerat Yigezu and Gentian Zyberi. *** An individual opinion (partly dissenting) by Committee member Gentian Zyberi is annexed to the present Views. GE.21-09615 (E) 010921 020921

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