Legal cases

Joseph Kavanagh v. Ireland

Legal case |
Joseph Kavanagh v. Ireland


(Communication No. 819/1998), CCPR/C/71/D/819/1998


Article 2 (3), Article 4 (1), Article 4 (1), Article 14, Article 26 – undertake to ensure that any person whose rights and freedoms as herein recognized are violated shall have an effective remedy, measures derogating from obligations under the Covenant; equality before the courts and tribunals; right to be presumed innocent; equality before the law; equal protection of the law


Violation of Article 26: The Human Rights Committee considered that the State party has failed to demonstrate that the decision to try the author before the Special Criminal Court was based upon reasonable and objective grounds. Accordingly, the Committee concluded that the author’s right under article 26 to equality before the law and to the equal protection of the law has been violated.

(Paragraphs 10.3, 11)

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