Weiss v Austria, UN Human Rights Committee (2002) (excerpts)

Weiss v Austria, UN Human Rights Committee Communication 1086/2002 (excerpts)


6.4 The author relies on the Committee's jurisprudence for the proposition that the exposure of a person, to an irreversible measure prior to examination of a case defeats the purpose of Optional Protocol and deprives that person of the effective remedy the Covenant obliges a State party to provide. (18) Thus the findings of the Vienna Regional Criminal Court (see para 5.2 above) ignored direct obligations under articles 1 and 5 of the Optional Protocol. The Committee is invited to direct the State party to indicate what steps it proposes to take to remedy this breach, including by means of diplomatic representation to the United States, to restore the status quo ante.