Where the UN Human Rights Committee establishes that a breach under the International Covenant on Civil and Political Rights has occurred, it will generally make recommendations as to what “effective remedy” a State party should provide, pursuant to art 2(3) of the ICCPR.
This memorandum considers what ‘effective remedies’ the HRC has recommended where it has found a breach of the ICCPR to have occurred; in particular in relation to breaches of arts 7 (freedom from torture and other cruel treatment or punishment), 9 (freedom from arbitrary detention), 10(1) (right to human treatment in detention) and 14 (right to a fair trial). It also considers the extent to which Australia has fulfilled its obligations under domestic law to provide effective remedies.
