Mojica v. Dominican Republic

Key Judgment


Legal Relevance

Keywords: Duty to Investigate | Admissibility | Guarantees of Non-Repetition | Effective Remedy

Themes: Characteristics of the Crime | Prevention | Related Crimes

The Committee could not establish whether the victim was actually detained and threatened by military authorities. However, as the State did not provide any evidence against the allegations, the Committee found a violation of the victim's right to liberty and security as well as of his right to life. It argued that the State failed in its duty to protect everyone in its jurisdiction against threats made by authorities, especially in light of the allegations that the victim had been previously threatened by the military. The Committee further held that cases of disappearance are inseparably linked to inhuman treatment, adding that the circumstances of the victim's disappearance and the threats he received made it possible to infer that he was subjected to torture or ill-treatment.

Judgment Date

July 15, 1994

Country

Dominican Republic

Judicial Body

Human Rights Committee

Articles violated

Article 6(1) [ICCPR], Article 7 [ICCPR], Article 9(1) [ICCPR]

Articles not violated / not dealt with

Article 10(1) [ICCPR]

Facts of the Case

Mr. Rafael Mojica was last seen by his family in the evening of 5 May 1990. Witness testimonials indicate that he boarded a taxi in which other, unidentified men were travelling. Evidence shows that Mr. Mojica had received death threats from some military officers of the Dirección de Bienes Nacionales in the weeks prior to his disappearance. Such circumstances give rise to a strong inference that he was tortured or subjected to cruel and inhuman treatment.

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