CCPR/C/126/D/2356/2014 instructed the General Prosecutor to verify whether Mr. Ismanov and other defendants had indeed been tortured during the investigation. An examination by the General Prosecutor’s Office revealed that Mr. Ismanov had been brought to the police station on 3 November 2010, although he had, however, been officially registered on 10 November 2010, seven days after the initial arrest. His arrest was formalized only after it was ascertained that he was a member of a terrorist organization, and official charges were brought against him. As a result of this violation of procedural requirements, the chief of Sughd Regional Police, N.A., and another senior officer, K.Z., were subjected to disciplinary measures. 6 4.6 Regarding the complaints about adequate time to meet with his lawyer, Mr. Ismanov was able to hold confidential meetings with his appointed lawyer without any limitation on the duration or number thereof. During Mr. Ismanov’s detention in pretrial detention centre No. 2 in Khujand, Mr. Ismanov had several “short-term” visits with relatives. On 12, 19 and 27 November 2010, Mr. Ismanov was examined by medical personnel and those examinations revealed no signs of physical injury to his body. During those examinations, Mr. Ismanov stated that he had not been tortured or otherwise mistreated during his pretrial detention. 4.7 Initially, Mr. Ismanov claimed to be a citizen of the Russian Federation and, therefore, was allowed to meet with the consul general of that country on 20 November 2010, at which point he did not complain to the consul about torture or mistreatment. On 29 November 2010, after an investigation, the consul informed the authorities that the documents presented by Mr. Ismanov to prove his Russian citizenship were not authentic. 4.8 As a result of a thorough examination, 7 the General Prosecutor’s Office was not able to find any proof that Mr. Ismanov and his co-defendants had been tortured or otherwise mistreated. Therefore, on 20 September 2012, it was decided not to initiate a full criminal investigation due to lack of evidence to suggest that a crime had been committed. This decision was forwarded to the Supreme Court, which, on 2 November 2012, rejected Mr. Ismanov’s cassation appeal. 4.9 Mr. Ismanov’s sentence was reduced from eight years to six years and six months, in accordance with article 63 of the Criminal Code. Furthermore, in accordance with the provisions of the law on amnesty, Mr. Ismanov’s sentence was reduced by another two years. According to the preliminary recommendations of the Working Group on Arbitrary Detention, the State party was asked to release Mr. Ismanov earlier. In order to formalize such a move, Mr. Ismanov was asked to request a pardon from the President of Tajikistan, which he refused to do. Authors’ comments on the State party’s observations on admissibility 5.1 Commenting on the State party’s observations, 8 the authors reiterate their initial claims regarding the violations against them. For example, the State party admits that Mr. Ismanov was unlawfully detained between 3 and 10 November 2010. The State party informs the Committee that the two officers responsible for his unlawful detention were subjected to “disciplinary measures”, despite the fact that these actions fall under article 358 of the Criminal Code (“unlawful arrest and detention”). However, the State party did not initiate a criminal investigation and there were no convictions as a result. 5.2 The State party further submits that Mr. Ismanov complained about torture during the trial. Mr. Ismanov claims that the complaints of torture were filed on his behalf by Ms. Nazhmutdinova, on 4 November 2010, almost immediately after the initial arrest. A more formal complaint was filed on 10 November 2010. On 11 November 2010, Mr. Ismanov received a response from the Office of the Human Rights Ombudsman. On 12 November 2010, during the pretrial detention hearing, Mr. Ismanov himself made a complaint to the court regarding torture. During the trial, as well, Mr. Ismanov complained about torture, in July 2011. 6 7 8 The State party provides no further information or details regarding these disciplinary measures. No further details are provided. On 23 January 2015, Mr. Ismanov reiterated his previous claims, without providing any new information. 5