CCPR/C/109/D/1910/2009
individual concerned. 6 It is incompatible with the obligations under article 1 of the
Optional Protocol for a State party to take any action that would prevent or frustrate the
Committee in its consideration and examination of the communication, and in the
expression of its Views. 7
6.3
In the present case, the Committee observes that, when submitting the
communication on 27 October 2009, the author informed the Committee that at that point
her son was on death row. On 30 October 2009, the Committee transmitted to the State
party a request not to carry out his execution while his case was under examination by the
Committee. On 7 December 2009, the Committee reiterated its request. On 23 March 2010,
the Committee received information that the author’s son had been executed despite the
interim measures request. The Committee 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 reiterated.
6.4
Apart from any violation of the Covenant found against a State party in a
communication, a State party commits grave breaches of its obligations under the Optional
Protocol if it acts to prevent or to 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
State party’s obligations under the Covenant nugatory and futile. 8 In the present case, the
author alleges that her son was denied his rights under various articles of the Covenant.
Having been notified of the communication and the Committee’s request for interim
measures, the State party breached its obligations under the Optional Protocol by executing
the alleged victim before the Committee 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 the
Committee’s role under the Optional Protocol in order to avoid irreparable damage to the
victim of the alleged violation. Flouting of the rule, especially by irreversible measures,
such as in the present case the execution of Mr. Zhuk, undermines the protection of
Covenant rights through the Optional Protocol. 9
6.6
The Committee notes the State party’s submission that the Committee made public
information regarding the case contrary to article 5, paragraph 3, of the Optional Protocol
through its press release of 30 March 2010 in which it deplores the execution of the victim
despite its request for interim measures. The Committee notes that the paragraph in
question states that the Committee shall hold closed meetings when examining
communications. The paragraph does not prevent the Committee from making public
information regarding failure of the States parties to cooperate with it in the implementation
of the Optional Protocol.
6
7
8
9
8
Art. 5, paras. 1 and 4, of the Optional Protocol.
See, inter alia, communications No. 869/1999, Piandiong et al. v. the Philippines, Views adopted on
19 October 2000, para. 5.1, and No. 1461, 1462, 1476 & 1477/2006, Maksudov et al. v. Kyrgyzstan,
Views adopted on 16 July 2008, paras. 10.1–10.3.
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; No
2120/2011, Kovaleva and Kozyar v. Belarus, para. 9.5.