United Nations

International Covenant on
Civil and Political Rights

Distr.: General
12 July 2021
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

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)

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

* 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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