CCPR/C/113/D/2013/2010
observes that it is uncontested that the execution in question took place, despite the fact that
a request for interim measures of protection had been duly addressed to the State party and
that it was subsequently reiterated.
6.4
The Committee reiterates that, apart from any violation of the Covenant found
against a State party in a communication, a State party commits serious breaches of its
obligations under the Optional Protocol if it acts to prevent or frustrate consideration by the
Committee of a communication alleging a violation of the Covenant, or to render
examination by the Committee moot and the expression of its Views concerning the
implementation of the obligations of the State party under the Covenant nugatory and
futile.7 In the present case, counsel alleges that his rights under various provisions of the
Covenant have been violated in a manner that directly reflects on the legality of his death
sentence. Having been notified of the communication and the request by the Committee for
interim measures of protection, the State party committed a serious breach of its obligations
under the Optional Protocol by executing the alleged victim before the Committee had
concluded its consideration of the communication.
6.5
The Committee further recalls that interim measures under rule 92 of its rules of
procedure, adopted in accordance with article 39 of the Covenant, are essential to its role
under the Optional Protocol, in order to avoid irreparable damage to the victim of the
alleged violation. Flouting of that rule, especially by irreversible measures, such as in the
present case of the execution of Oleg Grishkovtsov, undermines the protection of Covenant
rights through the Optional Protocol.8
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
it is admissible under the Optional Protocol to the Covenant.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee takes note of the argument of the State party that the communication
is inadmissible since it was submitted to the Committee by a third party and not by the
alleged victim himself. In that respect, the Committee recalls that rule 96 (b) of its rules of
procedure states that a communication should normally be submitted by the individual
personally or by a representative of that individual. In the present case, the Committee
notes that the alleged victim was detained on death row at the time of the submission and
that the communication was submitted on behalf of the alleged victim by his counsel, who
presented a duly signed power of attorney to represent him before the Committee.
Accordingly, the Committee is not precluded by article 1 of the Optional Protocol from
examining the communication.
7.4
The Committee takes notes of the author’s allegations that his rights under article 14
(1 and 3 (a) and (b)) of the Covenant were violated. However, in the absence of further
information, explanations or evidence in support of those claims on file, the Committee
7
8
See, inter alia, communications No. 1276/2004, Idieva v. Tajikistan, Views adopted on 31 March
2009, para. 7.3; and No. 2120/2011, Kovaleva and Kozyar v. Belarus, Views adopted on 29 October
2012, para. 9.4.
See, inter alia, communications No. 964/2001, Saidova v. Tajikistan, Views adopted on 8 July 2004,
para. 4.4; No. 1280/2004, Tolipkhuzhaev v. Uzbekistan, Views adopted on 22 July 2009, para. 6.4;
and Kovaleva and Kozyar v. Belarus, para. 9.5.
7