CCPR/C/126/D/2356/2014
defending himself through legal assistance, contrary to article 14 (3) (b). Furthermore, the
authors claim that Mr. Ismanov’s lawyer did not have full access to his client and that, on
occasions, they could not meet with him in private (para. 2.6). The Committee recalls its
general comment No. 32, in which it stated that adequate time and facilities to meet with a
lawyer are an important element of the guarantee of a fair trial and an application of the
principle of equality of arms. 20 The Committee notes that, although the State party contends
generally that Mr. Ismanov was able to meet with his lawyers (para. 4.6), it does not refute
the authors’ specific claims that Mr. Ismanov was initially interrogated without being able
to consult with his lawyer, that, on 8 January 2011, he was able to see his lawyer, but not to
communicate with him and that, on other occasions, he was not able to meet with his
lawyer in private (para. 2.6). The Committee concludes that, on the basis of the information
before it, Mr. Ismanov was denied proper access to his lawyer and the ability to
communicate with counsel in private,21 in violation of article 14 (3) (b) of the Covenant.
7.10 The Committee further notes the authors’ claims that Ms. Nazhmutdinova
experienced severe stress, especially when she learned that her husband had been taken
away by a group of unknown men with a bag placed over his head, and that subsequently
and for several days she was not able to locate him despite all her efforts (paras. 2.3 and
3.7), causing her to be afraid that she would never see him alive again. She was later aware
that Mr. Ismanov was held in pretrial detention for nine months, during which time he
complained that he was still being tortured (paras. 2.4 and 2.8), which, as a result, led to a
significant deterioration in his health (para. 2.7). The Committee understands the anguish
and mental stress that these circumstances caused to Ms. Nazhmutdinova, compounded by
the inability or refusal of the State party to effectively investigate the claims of torture
against her husband, and concludes that such treatment amounts to inhuman treatment of
Ms. Nazhmutdinova, in violation of her rights under article 7 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of Mr. Ismanov’s rights under
article 7, read alone and in conjunction with articles 2 (3), 9 and 14 (1) and (3) (b), of the
Covenant and of Ms. Nazhmutdinova’s rights under article 7 thereof.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to (a) conduct a thorough, prompt and
impartial investigation into the allegations of torture and ill-treatment and initiate criminal
proceedings against those responsible; and (b) provide the authors with adequate
compensation for the violations that occurred. The State party is also under an obligation to
take all steps necessary to prevent similar violations from occurring in the future.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official languages of the State party.
20
21
Ibid., para. 32.
Gridin v. Russian Federation, para. 8.5.
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