Procedural Obligations. In interpreting Article 2(3) of the ICCPR, guidance is provided by the Human Rights Committee’s General Comment no. 31, which states the following: ‘The Committee attaches importance to States Parties’ establishing appropriate judicial and administrative mechanisms for addressing claims of rights violations under domestic law. The Committee notes that the enjoyment of the rights recognized under the Covenant can be effectively assured by the judiciary in many different ways, including direct applicability of the Covenant, application of comparable constitutional or other provisions of law, or the interpretive effect of the Covenant in the application of national law. Administrative mechanisms are particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies. National human rights institutions, endowed with appropriate powers, can contribute to this end.’285 As explained by Xxxxxx: ‘A preference for judicial remedies under Article 2(3)(a) is indicated by the obligation in Article 2(3)(b) “to develop the possibilities of judicial remedy’, even though the same provision refers more 281 Xxxxxxxx (2020), at 94 (emphasis added). 282 Fassbender (2006), para. C.1, at 6. 283 Fassbender’s study was commissioned by the UN Office of Legal Affairs to consider the following question: ‘Is the UN Security Council, by virtue of applicable rules of international law, in particular the United Nations Charter, obliged to ensure that rights of due process, or ‘fair and clear procedures’, are made available to individuals and entities directly targeted with sanctions under Chapter VII of the UN Charter?’. Fassbender (2006), at 3. 284 Fassbender (2006), para. 1.11. 285 UN Doc. CCPR/C/21/Rev.1/Add. 13 (2004), para. 15 (emphasis added). broadly to ‘competent judicial, administrative or legislative authorities”. That description generally rules out decisions made solely by political and subordinate administrative organs, or those which are otherwise not independent and free of political constraint.’286 Similarly, according to Xxxxx: ‘The wording of article 2(3) of the ICCPR as well as the travaux préparatoires of this provision indicate that the institutions entrusted with the power to declare whether a violation has taken place and to offer redress may be of a judicial, administrative or political nature. These procedures involving 'competent authorities' have be...
Procedural Obligations
