United Nations

International Covenant on
Civil and Political Rights

Distr.: General
18 December 2018
Original: Spanish

Human Rights Committee

Views adopted by the Committee under article 5 (4)
of the Optional Protocol concerning communication
No. 2537/2015*, **, ***
Communication submitted by:

Andrés Felipe Arias Leiva (represented by
counsel, Mr. Víctor Javier Mosquera Marín)

Alleged victim:

The author

State party:


Date of communication:

11 August 2014

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 21 January 2015 (not issued in
document form)

Date of adoption of Views:

27 July 2018

Subject matter:

Conviction of former Minister at sole instance by
the highest judicial body

Procedural issues:

Exhaustion of domestic remedies; abuse of the
right of submission; insufficient substantiation of
the complaint

Substantive issues:

Right to due process; right to a hearing by a
competent, independent and impartial tribunal;
right to be presumed innocent; right to have a
conviction and sentence reviewed by a higher
tribunal; equality before the law; right to take
part in the conduct of public affairs and right to
be elected

Articles of the Covenant:

7; 9 (1)–(4); 10 (1); 11; 14 (1), (2), (3) (a), (b)
and (c), (5), (6) and (7); 15; 16; 17; 18; 19; 25;
and 26

Articles of the Optional Protocol:

2, 3 and 5 (2) (b)

* Adopted by the Committee at its 123rd session (2–27 July 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin
Fathalla, Olivier de Frouville, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Mauro Politi, José
Manuel Santos Pais, Yuval Shany and Margo Waterval.
*** The text of an individual opinion by a Committee member is appended to the present Views.

GE.18-22078 (E)

180419 230419


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