CCPR/C/122/D/2252/2013
the death in custody, simply states that Ms. Muradova committed suicide, without
supporting its position with any evidence, documentary or otherwise.
7.3
The Committee recalls its jurisprudence, according to which the States parties, by
arresting and detaining individuals, take responsibility to care for their life.10 Loss of life
occurring in custody, especially when accompanied by reliable reports of a potentially
unlawful death, create a presumption of arbitrary deprivation of life by State authorities,
which can only be rebutted on the basis of a proper investigation that establishes the State’s
compliance with its obligations11 under article 6 of the Covenant.12
7.4
The Committee notes that the State party has not presented evidence establishing
that a prompt and thorough investigation took place that would rebut the author’s
allegations that Ms. Muradova was killed due to the torture she sustained while in custody.
In the light of the detailed information contained in the author’s submission, and the failure
of the State party to provide any findings of the investigation or to provide any credible
explanations for the circumstances of Ms. Muradova’s death, the Committee finds that
there has been a violation13 of her rights under articles 6 (1) and 7 of the Covenant. 14
7.5
As to the claims under article 2 (3), read in conjunction with articles 6 (1) and 7, of
the Covenant on the grounds that the State party failed in its obligation to properly
investigate Ms. Muradova’s death and the allegations of torture and take appropriate
remedial measures, the Committee recalls its consistent jurisprudence that criminal
investigation and consequential prosecution are necessary remedies for violations of human
rights such as those protected by articles 6 (1) and 7 of the Covenant. 15 It further recalls its
general comment No. 31 (2004) on the nature of the general legal obligation imposed on
States parties to the Covenant, in which it stated that where investigations reveal violations
of certain Covenant rights, such as those protected under articles 6 and 7, States parties
must ensure that those responsible are brought to justice. Although the obligation to bring
to justice those responsible for violations of articles 6 and 7 is an obligation of means, not
of result, 16 States parties have a duty to investigate in good faith and in a prompt and
thorough manner all allegations of serious violations of the Covenant made against it and
its authorities. The Committee notes that, according to the information before it, the
investigation into the allegations of torture and the subsequent death were not carried out
promptly or effectively, and while the State party contends that Ms. Muradova committed
suicide, no proof or evidence of the investigation itself has been provided. 17 The Committee
considers that, in the light of the State party’s refusal to provide the results of the autopsy
report, or any other documentary evidence of the investigation, the State party denied the
author and Ms. Muradova an effective remedy, in violation of Ms. Muradova’s rights under
article 2 (3), read in conjunction with articles 6 (1) and 7, and the author’s rights under
article 2 (3), read in conjunction with article 7.
7.6
The Committee observes that, although more than 10 years have elapsed since the
death of Ms. Muradova, the author still does not know the exact circumstances surrounding
it and the State party’s authorities have not indicted, prosecuted or brought to justice
anyone in connection with the torture or custodial death. The Committee understands the
continued anguish and mental stress incurred by the author, as the brother of a deceased
10
11
12
13
14
15
16
17
8
See Lantsova v. Russian Federation (CCPR/C/74/D/763/1997), para. 9.2.
See Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), para. 17.
See Eshonov v. Uzbekistan, para. 9.2; and Zhumbaeva v. Kyrgyzstan (CCPR/C/102/D/1756/2008),
para. 8.8.
See Mulezi v. Democratic Republic of the Congo (CCPR/C/81/D/962/2001), para. 5.4.
See Sathasivam and Sarawathi v. Sri Lanka (CCPR/C/93/D/1436/2005), para. 6.2; Titiahonjo v.
Cameroon (CCPR/C/91/D/1186/2003), para. 6.2; Telitsin v. Russian Federation
(CCPR/C/80/D/888/1999), para. 7.6; and Dermit Barbato v. Uruguay (CCPR/C/17/D/84/1981), para.
9.2.
See the Committee’s general comment No. 20 (1992) on the prohibition of torture or other cruel,
inhuman or degrading treatment or punishment, para. 14, and its general comment No. 31, para. 18.
See Prutina et al. v. Bosnia and Herzegovina (CCPR/C/107/D/1917,1918,1925/2009&1953/2010),
para. 9.5.
See Eshonov v. Uzbekistan, in which the Committee also noted the necessity of pursuing
investigations through an independent commission of inquiry or similar procedure in cases of torture
allegations if established investigative procedures were inadequate (para. 9.6).