CCPR/C/116/D/2084/2011
7.4
The Committee notes the author’s claim that his abduction amounts to torture under
article 7 of the Covenant and to a violation of his right to liberty and security under article
9. In this regard, the Committee also takes note of the author’s claim that by not conducting
a thorough and complete investigation of his abduction the State party violated his right to
an effective remedy under article 2 (3) (a), read in conjunction with articles 7 and 9 of the
Covenant. The Committee notes the author’s allegations that, despite his descriptions of the
abductors, no investigative steps were taken to compile a composite image or carry out a
process of photo-identification of Soviet District police officers. The Committee also notes
that the documents submitted by the author indicate that the prosecutor’s office undertook
several steps to review the author’s claims, including questioning him, along with other
potential witnesses, and reviewing a video recording from a shop in the area where the
alleged abduction took place and a printout of the author’s phone calls, which could support
his alleged abduction. Furthermore, on the basis of the author’s complaint to the Prosecutor
General’s office dated 29 December 2009, the decision of the prosecutor’s office of the
Soviet District of Minsk was quashed and the case was returned for additional
investigation, during which witnesses were questioned again but did not corroborate the
author’s allegations. The Committee also notes that the Soviet District court and the Minsk
city court both rejected the author’s appeal challenging the decision of the Prosecutor
General, on the ground that there was no credible evidence that a crime had been
committed, referring to the findings of the prosecutor’s office. In the light of the above, the
Committee considers the author’s claims under articles 7 and 9, read alone and in
conjunction with article 2 (3) of the Covenant, inadmissible under article 2 of the Optional
Protocol, as they are insufficiently substantiated.
7.5
The Committee notes the author’s claim that the refusal to open a criminal
investigation and the subsequent rejection of his claims by the courts are in violation of
article 14 (1), of the Covenant. The Committee recalls, however, that article 14 of the
Covenant does not provide for the right to see another person criminally prosecuted. 3
Accordingly, this part of the communication is inadmissible ratione materiae as
incompatible with the provisions of the Covenant.
8.
The Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under articles 2 and 3 of the Optional
(b)
That this decision shall be transmitted to the State party and to the author of
the communication.
3
See communication No. 213/1986, H.C.M.A. v. Netherlands, decision of inadmissibility adopted on
30 March 1989, para 11.6.
5