Enforced Disappearance Legal Database

Mojica v. Dominican Republic

Key Judgment


Legal Relevance

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

Relying on its prior jurisprudence, namely communications no. 195/1985, 314/1988 and 468/1991, the Committee held that the right to liberty and security of a person may be invoked not only in the context of arrest and detention, but also in situations when state parties allow, tolerate, condone, or ignore threats made by persons in a position of authority to the personal liberty and security of a non-detained individual.

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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