CCPR/C/118/D/2317/2013
2.9
From 4 May 2009, the author’s family submitted numerous complaints — about the
author’s ill-treatment, the failure to transfer him to prison from the detention facility and the
authorities’ refusal to allow the family and the lawyer to visit him — to the Prosecutor
General’s Office, the chief directorate for the enforcement of punishment, the Tashkent
City police department, the National Security Service, the Supreme Court, the Ombudsman,
the Cabinet of Ministers, the Ministry of Justice and the parliament, among others. The
replies the family received from the State institutions briefly stated that the author’s
sentence was in accordance with the law and justified. The allegations of torture were not
addressed.
2.10 The author’s wife also submitted several claims to the Prosecutor General’s Office,
the Supreme Court, the Ombudsman, the President and the Government of Uzbekistan,
challenging the court decisions relating to the author as unlawful and unfounded. On 22
June 2009, the Prosecutor General’s Office dismissed her claim on the grounds that the
courts had acted in accordance with the law, had correctly established the relevant facts and
qualified the offence, and had imposed an adequate penalty. The Tashkent City Court and
the Supreme Court dismissed her claims on the same grounds on 10 and 28 December 2009,
respectively.
2.11 On 4 May 2011, the author was conditionally released on the basis of a court
decision. In March 2012, the term of the conditional release ended. On 5 August 2012, the
author arrived in Kyiv and applied for refugee status. From 2 to 23 October 2012, the
author was treated in a public hospital in Kyiv, diagnosed with post-traumatic stress
disorder, chronic prostatitis and varicose veins travelling in the right spermatic cord. The
author was treated in the same hospital from 27 August to 6 September 2013 due to the
worsening of his mental condition (stress disorder with psychotic symptoms, together with
cerebral dysfunction).
The complaint
3.1
The author alleges that he was subjected to torture while held in pretrial detention
facility No. 64/1 in Tashkent and that since he had no contact with the outside world, no
remedies were available to him. He claims a violation of article 7, read alone and in
conjunction with article 2 of the Covenant, in this regard.
3.2
The author alleges that the State party violated article 9 of the Covenant by holding
him from 25 to 29 December 2008 in pretrial detention facility No. 64/1 without a proper
arrest order, by holding him in incommunicado detention from 8 February to 4 May 2009 in
detention facility No. 64/1 and by keeping him in the pretrial detention facility for months
instead of transferring him to prison within 10 days after the final court verdict was
received by the administration of the pretrial detention facility, in violation of national
legislation.
3.3. The Committee considers that the author’s claim that it was impossible for his
family and lawyer to visit him in the pretrial detention facility until 4 May 2009 also
appears to raise issues under article 10 (1) of the Covenant.
3.4
The author claims that his rights under article 14 of the Covenant were violated
because he had no meeting with his lawyer before the trial; because he was convicted
despite the fact that the victims had withdrawn their complaints and confirmed during the
court hearing that they had no claims against the author; and because the court did not
provide any explanation for having established his guilt under article 135 (2) (b), (e), (f), (h)
and (i) of the Criminal Code. The author claims that he had never before been convicted for
trafficking in persons and was not a recidivist (art. 135 (2) (e)); that he had no prior
agreement with others and that the owners of the recruitment agency that arranged the
employment of the victims in the Russian Federation were never charged or brought to the
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GE.17-01270