The fact that an act constituting a violation of article 9, paragraph 1, is committed by the judicial branch of government cannot prevent the engagement of the responsibility of the State party as a whole.
It follows from this conclusion that the author continued to be legitimately detained pursuant to the original sentence, as modified by the decision of commutation, and that no issue of detention contrary to article 9 arises.
因此,委员会认为,该羁押是任意的,构成了一并违反第九条第一款和第二条第三款的行为。
Therefore, the detention was, in the Committee' s view, arbitrary and constituted a violation of article 9, paragraph 1, read together with article 2, paragraph 3.
鉴于缔约国没有对长时间拘留提供任何理由,委员会认定所掌握的事实显示了违反第九条第3款的情况。
Given that the State party had not given any justification for the length of the detention, the Committee concluded that the facts before it disclosed a violation of article 9, paragraph 3.
Accordingly, the violation of article 9, paragraph 4, with respect to the children came to an end with the Family Court' s finding of jurisdiction to make such orders"(annex IX, sect. DD, paras. 9.4 and 9.5).
关于违反第九条第三款的指称,委员会注意到,提交人在被送交司法官员处理之前被拘禁了三天。
With regard to the claim of a violation of article 9, paragraph 3, the Committee notes that the author was detained for three days before being brought before a judicial officer.
委员会进一步指出,软禁有可能导致违反第九条。该条保障人人有自由权和不被任意拘禁的权利。
It further recalls that house arrest may give rise to violations of article 9, which guarantees everyone the right to liberty and the right not to be subjected to arbitrary detention.
The author alleges a violation to article 9, paragraphs 1 and 4, because he has been held in arbitrary and indefinite mandatory detention since his arrival in Australia in September 1999.
The author also claimed violation of article 9, paragraph 4, as he was allegedly kept in an investigation detention centre since 6 February 2001, due to the opening of a third case against him.
委员会进一步忆及,软禁有可能导致违反第九条,该条保障人人享有自由权和不被任意拘留的权利。
It further recalled that house arrest may give rise to violations of article 9, which guarantees everyone the right to liberty and the right not to be subjected to arbitrary detention.
It found similar violations of article 9 in cases Nos. 1327/2004(Grioua v. Algeria), 1328/2004(Kimouche v. Algeria) and 1439/2005(Aber v. Algeria).
委员会认为,由于缔约国没有提供资料,有关违反第九条的申诉已得到充分证明,因此可以受理。
The Committee considers that, in the absence of information from the State party, the claim of a violation under article 9 has been sufficiently substantiated and is therefore admissible.
鉴于已查明存在着违反第九条的现象,委员会没有必要再审议是否也存在着违反《公约》第十四条的情况。
In light of a finding of a violation of article 9, the Committee need not consider whether there was also a violation of article 14 of the Covenant.
In case No. 1128/2002(Marques de Morais v. Angola), the Committee found violations of articles 9, paragraphs 1, 2, 3 and 4, and of articles 12 and 19.
关于违反第九条第1和第3款的申诉,委员会注意到,提交人的指称涉及其拘留的期限和任意性质。
As regards the complaints of violations of article 9, paragraphs 1 and 3, the Committee notes that the authors' allegations concern the duration and the arbitrary nature of their detention.
The Committee considers that, in the absence of any information from the State party, the complaints of violations of article 9, paragraphs 2 to 4, as well as issues arising under article 9, paragraph 1, are admissible.
If the Committee considers that there was no breach of article 9, including paragraph 5, the author submits that those actions violated her freedom of movement under article 12 of the Covenant.
An effective remedy, including adequate and appropriate compensation, was requested in case No. 1856/2008(Sevostyanov v. Russian Federation), involving violations of article 9, paragraph 1.
鉴于上述情况以及违反第九条第1款的结论,委员会认为没有必要单独根据第九条第3款审议提交人申诉。
Under the above circumstances and in the light of the finding of a violation of article 9, paragraph 1, the Committee does not deem it necessary to separately examine the authors' claims under article 9, paragraph 3.
他们案情的拖延的状况与委员会查明违反第九条第三款或第十四条第三款(丙)项的其它案情相同。
The delay in their case is comparable with the periods of delay in other cases in which the Committee found violations of article 9, paragraph 3 or article 14, paragraph 3(c).
English
Bahasa indonesia
日本語
عربى
Български
বাংলা
Český
Dansk
Deutsch
Ελληνικά
Español
Suomi
Français
עִברִית
हिंदी
Hrvatski
Magyar
Italiano
Қазақ
한국어
മലയാളം
मराठी
Bahasa malay
Nederlands
Norsk
Polski
Português
Română
Русский
Slovenský
Slovenski
Српски
Svenska
தமிழ்
తెలుగు
ไทย
Tagalog
Turkce
Українська
اردو
Tiếng việt