On 7 April 2018, Andrei, a national of the state of Magyaristan, was arrested by three police officers on his way to work. No warrant was presented for his arrest and he was not informed of the reasons for it. He was taken to a nearby police station, where he was asked about his involvement in the planning and execution of the bombing of a van. He answered that he did not know anything about the bombing. He was then subjected to slapping, punching and kicking, was forced to stand, blindfolded, for hours at a time, and was given nothing to eat or drink. He was repeatedly questioned about his role in the van bombing. After four days, he confessed his involvement in the bombing and signed a confession written by the police. Andrei cannot read. On 13 April 2018, Andrei was taken before a judge at the District Court where he stated that the confession had been extracted under torture. He was remanded in pretrial detention. One year later, he was convicted of preparing the bomb attack. The confession was admitted as valid evidence and no investigation of Andrei’s claim of torture was initiated by the authorities.
In June 2019, Andrei’s mother filed a complaint at the District Court, alleging that her son had been tortured. The Court Registrar refused to register the complaint, stating that the 30-day statutory limit under Magyaristan’s Torture Act 1996 had lapsed. In August 2019, Andrei lodged a complaint with the Supreme Court of Magyaristan, seeking compensation and an exemption from the 30-day limit due to the circumstances of the case. To date, the Court has not issued a ruling.
Magyaristan is a Member State of the United Nations and has ratified the International Covenant on Civil and Political Rights (ICCPR) and the First Optional Protocol to the ICCPR only.
You have been asked to advise on the following:
1. Which articles of the ICCPR, if any, are relevant in consideration of this case;
2. Whether there is an individual right of complaint for violations of ICCPR rights and how any complaint procedure operates;
3. The remedies, if any, available to Andrei.
ANSWER 1, 2 AND 3 SEPERATELY.
STRUCTURE EACH PART BY IDENTIFYING THE ISSUE, STATE THE PRINCIPLE NEEDED AND THEN APPLY IT TO THE ISSUE BEFORE CONCLUDING THE POINT.
IMPORTANT: Answer all three questions in 6 pages with footnotes to reference and a bibliography separately at the end.
Please use size 12 Times New Roman.
Footnotes size 10 Times new Roman
Margins: 2cm on top and bottom – 2.5 on the right and left side