CCPR/C/128/D/2384/2014
3.3
The author further claims that the State party has violated his rights under article 14
(3) (b) and (d) of the Covenant by failing to assign him a lawyer until he was brought before
a judge on 21 May 2009, although he had been interrogated on several occasions between 17
and 21 May 2009. He submits that the police report of his arrest dated 20 May 2009 was
submitted by the police both at his trial and at the trial of the four police officers. The copy
of the report submitted at his trial contains a note by the investigator that the author’s lawyer
had refused to sign the report. However, the copy of the same report submitted by the police
in the trial of the four police officers does not have the same note by the investigator. The
author argues that such a discrepancy shows that his arrest report was falsified and that, on
20 May 2009, he did not have a lawyer.
Lack of cooperation by the State party
4.
By notes verbales of 30 April 2014, 18 February 2015, 20 November 2015 and 5
January 2016, the Committee requested the State party to submit to it information and
observations on the admissibility and the merits of the present communication. The
Committee notes that such information has not been received. The Committee regrets the
State party’s failure to provide any information with regard to the admissibility or the merits
of the author’s claims. It recalls that article 4 (2) of the Optional Protocol obliges States
parties to examine in good faith all allegations brought against them and to make available
to the Committee all information at their disposal. In the absence of a reply from the State
party, due weight must be given to the author’s allegations, to the extent that they have been
properly substantiated.5
Issues and proceedings before the Committee
Consideration of admissibility
5.1
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.
5.2
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.
5.3
The Committee takes note of the author’s claims concerning the failure of the State
party to provide him with legal assistance. The Committee observes, however, that those
claims do not appear to have been raised at any point in the domestic proceedings. That part
of the communication, raising issues under article 14 (3) (b) and (d) of the Covenant, is
accordingly declared inadmissible for failure to exhaust all domestic remedies in accordance
with article 5 (2) (b) of the Optional Protocol.
5.4
The Committee also takes note of the author’s claims under article 9 of the Covenant.
The Committee considers that the author has failed to sufficiently substantiate those
allegations, for the purposes of admissibility, however, and finds them inadmissible under
article 2 of the Optional Protocol.
5.5
In the Committee’s view, the author has sufficiently substantiated his claims under
article 7, read alone and in conjunction with article 2 (3) (a), and article 14 (3) (g) of the
Covenant, for the purposes of admissibility. It therefore declares those claims admissible and
proceeds with its consideration of the merits.
Consideration of the merits
6.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, as required under article 5 (1) of the Optional
Protocol.
6.2
The Committee takes note of the author’s claims that, while he was in detention
between 17 and 18 May 2009, four police officers tortured him and forced him to confess to
5
4
See, for example, Sannikov v. Belarus (CCPR/C/122/D/2212/2012), para. 4.