Nyekuma Kopita Toro Gedumbe v. Democratic Republic of the Congo
9 July 2002
(Communication No. 641/1995), CCPR/C/75/D/641/1995
Subject:
Article 2 (3) (a); Article 2 (3) (c); Article 25 c; Article 14 (1); Article 26 - State parties undertake to ensure that any person whose rights and freedoms as herein recognized are violated shall have an effective remedy; State parties undertake to ensure that remedies shall be enforced; right to have access to public service; equal before the courts and tribunals; equal before the law:
The author was suspended from public service without prior disciplinary sanctions
Conclusion:
Violation of Article 25(c) in conjunction with Article 2: According to the Human Rights Committee, the suspension of the author disregarded domestic law and procedures; decisions by national authorities have not been implemented and do therefore not constitute an effective remedy;
No separate issue arises under Article 14;
Article 26: According to the Human Rights Committee the author's reasoning is sustained by finding a violation of Article 25(c)
(Paragraph 5.2, 5.3)