CCPR/C/122/D/2577/2015 (e) Mr. Formonov’s trial was not impartial because the presiding judge was the same judge that Mr. Formonov had criticized in his pamphlets. 3.5 Regarding article 17 of the Covenant, the author maintains that Mr. Formonov’s right against unlawful interferences with his privacy, family and home was breached when the authorities carried out searches of his apartment without a proper warrant and seized his property.4 3.6 Regarding article 19 (2) of the Covenant, the author maintains that the true motive of the Government in arresting, detaining and incarcerating Mr. Formonov was to persecute him for his human rights work and to silence him. Mr. Formonov had monitored and documented human rights violations perpetrated by the authorities in pamphlets that were distributed to human rights organizations and foreign embassies. The pamphlets had no probative value to the unrelated and unfounded charge of extortion, which amounts to a breach of freedom of expression. State party’s observations on admissibility and the merits 4.1 On 25 October 2016, the State party submitted its observations, in which it affirmed that the arguments set forth in the communication had been thoroughly examined and had not been confirmed, owing to the absence of facts confirming that the law enforcement agencies had committed acts breaching articles 7, 9 (1), 14, 17 and 19 (2) of the Covenant. It stated that Mr. Formonov had been convicted on 15 June 2006 by the Yangiyer Criminal Court under article 165 of the Criminal Procedure Code to nine years’ imprisonment in a general-regime prison. On 18 June 2006, the Syrdarya Regional Court had examined the case and had upheld that verdict. 4.2 The Court had found him guilty on several grounds. On 12 April 2006, Mr. Formonov, calling himself a representative of the Human Rights Society of Syrdarya region, together with two farming leaders, had sent a report to the head of the Unitary Oil Enterprise with the intention of seizing the property of another citizen through extortion. In that report, he had stated that the distribution agent of the Dashtabad branch of the enterprise, U.M., had not delivered petroleum products in a timely manner to farmers and on occasion had not supplied a full measure of fuel. They had requested that measures be taken against the responsible parties. 4.3 A commission had investigated the matter but had found no confirmation of the allegations. Mr. Formonov had entered into a criminal association with his acquaintance, A.K., and on 28 April 2006 had met with U.M. in Yangiyer. He had threatened to make public on the Internet the report describing the irregularities in the delivery of petroleum products, which would result in the agent’s dismissal. He had demanded that U.M. give him 600,000 Sum5 not to take that action. 4.4 On 29 April 2006, at approximately 7.30 a.m., Mr. Formonov and A.K. had been arrested at the bus stop on Tashkent Street in Gulistan while receiving from U.M. $250 and 200,000 Sum6 through extortion. Later that day, due to urgent matters arising in the course of the investigation, Mr. Formonov’s home was searched. The supervising prosecutor was informed of this subsequently, in accordance with article 161 of the Criminal Procedure Code. During the search, items connected with the crime were discovered. Due to the serious nature of the charges, on 1 May 2006, the authorities decided to place Mr. Formonov in pretrial detention. His guilt had been proven by the evidence of the victim, witnesses, reports on searches of the scenes of the incident, charts and photographs, forensic-chemical examination and other evidence gathered during the investigation and examined in court. 4.5 Mr. Formonov’s accusations about his supposed torture, the examination of his case in closed-court session and the violation of his right to defence in his appeal complaint were examined during the appeal hearing, and were not confirmed. 4 5 6 4 See José Antonio Coronel et al. v. Colombia (CCPR/C/76/D/778/1997), para. 9.7. Equivalent to $491 at that time. Equivalent to $163 at that time.