CCPR/C/130/D/2451/2014
department of the Ministry of Internal Affairs. According to the State party, the investigation
was completed on 11 May 2017, and the results were being reviewed by the Office of the
Prosecutor General.
6.9
The State party submits that on the basis of the above, one cannot conclude that the
authorities are ignoring the author’s arguments about his innocence, nor that they have
purposefully avoided sending the author’s case for a judicial review to the Supreme Court.
The State party notes that the author’s guilty verdict has been upheld both by the Chuy
regional court and the Supreme Court and that it cannot be appealed further, unless new
circumstances are discovered. However, before the Supreme Court can hear the case again,
the prosecutor’s office must investigate any new evidence and agree to send the case for a
new judicial hearing.
Additional information from the author
7.
On 24 August 2020, the author submitted a copy of the decision by the Supreme Court
dated 18 February 2020, rendered on the motion of the author’s counsel to reopen the case
on the basis of new circumstances. The Supreme Court denied the author’s motion, ruling
that the claims made by the author could not be considered to be new circumstances, given
that the pieces of evidence contained in the case were reliable and confirmed one another.
Issues and proceedings before the Committee
Considerations of admissibility
8.1
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.
8.2
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.
8.3
The Committee takes note of the State party’s argument that since there is an ongoing
investigation based on new circumstances in the author’s case, the domestic remedies cannot
be considered exhausted and that therefore, the communication should be declared
inadmissible. The Committee also notes the author’s argument that since 2010, the
investigation based on new circumstances has resulted in his case being reopened and closed
on several occasions. The Committee observes that even though all new evidence presented
by the author and his lawyers appears to trigger the reopening of the case and investigation
by the Office of the Prosecutor General, the State party has not been able to show that there
is a reasonable prospect that those numerous investigations would provide an effective
remedy in the circumstances of the case since none of them resulted in a judicial hearing by
the Supreme Court. In view of those circumstances, the Committee considers that it is not
precluded by articles 2 and 5 (2) (b) of the Optional Protocol from examining the
communication.
8.4
The Committee notes the author’s claim that he was not informed of the reasons for
his arrest, nor was his family informed of his whereabouts immediately after his arrest, in
violation of article 9 (2) of the Covenant. However, from the information before it, the
Committee notes that the author had never raised these claims before the domestic authorities
prior to the submission of the present communication. In that respect, the Committee
considers that the author has not exhausted all available domestic remedies concerning his
claims under article 9 (2) of the Covenant and finds them inadmissible under article 5 (2) (b)
of the Optional Protocol.
8.5
Similarly, with respect to the author’s claim under article 14 (3) (b) of the Covenant,
the Committee finds it inadmissible under article 5 (2) (b) of the Optional Protocol because
the claim was not raised before the domestic authorities prior to the submission of the present
communication.
8.6
The Committee notes the author’s claim that his right to be presumed innocent was
violated, since he was labelled as a killer and rapist by numerous media outlets long before
6