Cases violating ICCPR art 19(2) (potential) (1)

Note that committees can record actual or potential violations.

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

ICCPR art 19(2)

Coleman v Australia (HRC, 2006)

Remedy's assessment: Unremedied

This 26-year-old made a speech in Townsville’s pedestrian mall without a permit, in breach of a local government by-law. He was fined and subsequently detained by police for 5 days for non-payment of the fine. The HRC found that his speech was on subjects of public interest (human rights, land rights and mining) and his conduct was neither threatening nor unduly disruptive. His arrest, conviction and imprisonment were ‘disproportionate’ and ‘undoubtedly’ a violation of his freedom of expression. Australia was asked to quash his conviction, refund his fines or court costs (nearly $3,000) and compensate him for his imprisonment. It has done none of these.

Read more on Coleman v Australia.