CCPR/C/128/D/2689/2015
and literature at Bukhara State University. According to that decision, the author was to begin
work on 26 August 2017, until a competitive examination was conducted.
8.4
By note verbale of 25 October 2018, the State party informed the Committee that, by
order of the Rector of Bukhara State University, the author was employed in the Department
of Foreign Languages.
Issues and procedures before the Committee
Consideration of admissibility
9.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
9.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of international
investigation or settlement.
9.3
The Committee takes note of the fact that the author claims to have exhausted the
available domestic remedies and that the State party does not challenge the admissibility of
the communication on those grounds. The Committee therefore considers that it is not
precluded under article 5 (2) (b) of the Optional Protocol from examining the present case.
9.4
The Committee also takes note of the author’s claim that the State party violated
article 2 (3) of the Covenant, owing to its failure to provide her with an effective remedy in
response to her complaints. The Committee recalls its jurisprudence, in which it has indicated
that the provisions of article 2 of the Covenant set out general obligations for States parties;
they cannot give rise to a claim under the Optional Protocol, when invoked independently.
The Committee therefore considers that the author’s claims under article 2 of the Covenant
are inadmissible under article 3 of the Optional Protocol.
9.5
The Committee further takes note of the author’s claim that her rights under articles
6, 15, 17, 19 and 26 of the Covenant have been violated, but that she has not provided any
information or clarifications to support those claims. In the absence of any other pertinent
information on file, the Committee considers that this part of the communication is
inadmissible under article 2 of the Optional Protocol.
9.6
The author has claimed that the State party violated article 7 of the Covenant by
becoming complicit in the inhuman and degrading treatment to which she was subjected. In
support of her claim, she indicated that, following her apprehension on 9 June 2014, the
investigator threatened her with physical abuse and a harsher criminal penalty if she did not
cooperate and that she was not allowed to use a bathroom for over five hours. The Committee
takes note of the State party’s observation, in its reply of 3 February 2017, that no facts
relating to the use of torture and ill-treatment could be established in the author’s case. The
Committee is of the view that, in the present case, the author has failed to provide sufficient
information in substantiation of those particular claims. Accordingly, it considers that this
part of the communication is inadmissible under article 2 of the Optional Protocol.
9.7
The Committee takes note of the author’s claims that the court was not independent
and impartial, that the investigation was carried out in flagrant breach of criminal procedure
law, that her right to legal assistance was not clearly explained, that her requests to question
a witness during the trial were denied, that the court assessed evidence wrongly and in a onesided manner which favoured the victim and that both the investigation and the trial suffered
from undue delays. The Committee takes note of the State party’s observations that the courts
assessed the evidence adequately, qualified the author’s actions correctly and issued the
sentence appropriately.
9.8
The Committee recalls that it is generally for the courts of States parties to the
Covenant to review the facts and evidence, as well as the application of domestic legislation,
in a particular case, unless it can be shown that such evaluation or application was clearly
arbitrary or amounted to a manifest error or denial of justice or that the court otherwise
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