CCPR/C/128/D/2339/2014
above), as it was assigned to H.A.S., the same investigator who was allegedly implicated in
the authors’ torture claims. The Committee also notes the authors’ claims that their guilt
was established in court proceedings in part on the basis of confessions they had made
when they were tortured, which were retained as evidence by the courts. Accordingly, in
the circumstances as described by the parties, the Committee concludes that the facts before
it disclose a violation of the authors’ rights under article 7, read separately and in
conjunction with articles 2 (3) and 14 (3) (g), of the Covenant.
9.5
The Committee next considers the authors’ claims that during various times in 2004
and 2005, they were held unlawfully, and that their official arrest and detention was
formalized only later. The Committee notes the authors’ assertions that Mr. Yashuev was
held unlawfully from 7 November to 1 December 2004; Mr. Barakhaev, from 2 to 25
October 2004; Mr. Taysumov, from 29 September to 20 October 2004; Mr. Temirbulatov,
from 29 September to 10 October 2004; Mr. Yusupov, from 28 October to 1 November
2004; and Mr. Alarkhanov, from 19 to 21 February 2005. The Committee also notes the
claims by the authors that upon their unlawful apprehensions, they were not informed of the
reasons for their arrest and were not brought promptly before a judge. The State party does
not provide any refutation or explanations regarding these specific dates, claiming only that
the authors were arrested and treated in accordance with provisions of the Criminal
Procedure Code of the Russian Federation.
9.6
The Committee recalls its general comment No. 35 (2014) on liberty and security of
person, in which it refers to the prohibition on arbitrary and unlawful deprivations of liberty,
i.e., deprivation of liberty that is not imposed on such grounds and in accordance with such
procedures as are established by law. The two prohibitions overlap, in that arrests or
detentions may be in violation of the applicable law but not arbitrary, or legally permitted
but arbitrary, or both arbitrary and unlawful. Arrest or detention that lacks any legal basis is
also arbitrary.12 Article 9 also requires compliance with domestic rules that define when
authorization to continue detention must be obtained from a judge or other officer, 13 where
individuals may be detained,14 when the detained person must be brought to court 15 and the
legal limits on the duration of detention.16 Persons deprived of their liberty must be assisted
in obtaining access to effective remedies to enforce their rights, including an initial and
periodic judicial reviews of the lawfulness of the detention, and to prevent conditions of
detention that are incompatible with the Covenant.17
9.7
In the present case, the Committee notes, on the basis of the submissions on file, that
the authors were not informed at the time of apprehension of the reasons for their arrest or
of the charges against them, and they were not brought promptly before a judge to verify
the legality of their detention. In the circumstances as described, and in the absence of
further relevant information or explanations by the State party, the Committee concludes
that the State party violated the rights of the authors under articles 9 (2) and (3).
9.8
In the light of this conclusion, the Committee decides that it will not examine
separately the authors’ remaining claims under article 9 of the Covenant.
10.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of article 7, read alone and in
conjunction with articles 2 (3), 9 (2) and (3), and 14 (3) (g), of the Covenant.
11.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to: conduct a thorough, prompt and impartial
investigation into the authors’ allegations of torture and, if confirmed, prosecute those
responsible; and provide full redress to the authors, including just compensation and other
12
13
14
15
16
17
General comment No. 35, para. 11.
Gridin v. Russian Federation (CCPR/C/69/D/770/1997), para. 8.1; see also the Committee’s general
comment No. 35, para. 23.
Umarov v. Uzbekistan (CCPR/C/100/D/1449/2006), para. 8.4.
Gómez Casafranca v. Peru (CCPR/C/78/D/981/2001), para. 7.2.
Israil v. Kazakhstan (CCPR/C/103/D/2024/2011), para. 9.2.
Fijalkowska v. Poland (CCPR/C/84/D/1061/2002), paras. 8.3–8.4; A v. New Zealand
(CCPR/C/66/D/754/1997), para. 7.3; and the Committee’s general comment No. 31, para. 15.
11