CCPR/C/125/D/2333/2014
2.6
The author submits that he has exhausted all available and effective domestic
remedies. He asserts that a further appeal to the courts would be ineffective, since they have
already decided twice in the same matter and the investigator has not complied with their
decisions. He also claims that, in any event, the domestic procedures to obtain remedies
have been unreasonably prolonged.
The complaint
3.1
The author claims that he was detained and beaten for attempting to monitor the
ability of citizens to practise their right to freedom of assembly. The inhumane treatment he
received was intended to threaten and punish him, and as a result he suffered bruises and a
broken nose. He further claims that the burden of proof of cruel treatment cannot rest on the
author alone, and that frequently the State party alone has access to information regarding
such incidents.
3.2
The author also submits that he provided all the necessary information to enable the
authorities to conduct an investigation. The investigators did not comply with court orders,
delayed questioning witnesses and disregarded the testimonies of the two friends who were
with him when he was detained. The State party therefore violated his rights to an effective
remedy, in violation of article 2 of the Covenant.
State party’s observations on admissibility and the merits
4.1
In a note verbale of 26 March 2015, the State party challenged the admissibility of
the communication under articles 1, 2 and 5 of the Optional Protocol, without specifying
further details. The State party explains that the case was submitted by a lawyer who
resided in the Russian Federation and not by the author himself, without any justification
for this.
4.2
The State party submits that, in the case in question, domestic remedies have not
been exhausted, without specifying further details.
4.3
The State party considers that the author has abused his right of submission. In the
light of the above, the State party decided to cease correspondence on the present
communication with the Committee.
Author’s comments on the State party’s observations on admissibility
5.
The author notes that the right to register communications belongs to the Committee
and not to States parties. He is properly represented by a duly authorized attorney who
practises law in the Russian Federation, and this is permitted under the Committee’s rules
of procedure. The State party claims that the author failed to exhaust domestic remedies,
but does not indicate which available remedies have not been exhausted. The author
considers that he exhausted all effective domestic remedies.
Lack of cooperation by the State party
6.1
The Committee notes the State party’s assertion that the communication was
registered by the Committee in violation of the provisions of the Optional Protocol and
submitted by the author in violation of the right of submission and that, accordingly, it
would cease correspondence on the present communication with the Committee.
6.2
The Committee observes that by adhering to the Optional Protocol, a State party to
the Covenant recognizes the competence of the Committee to receive and consider
communications from individuals claiming to be victims of violations of any of the rights
set forth in the Covenant (preamble and art. 1 of the Optional Protocol). Implicit in a State’s
adherence to the Optional Protocol is an undertaking to cooperate with the Committee in
good faith so as to permit and enable it to consider such communications and, after
examination thereof, to forward its Views to the State party and the individual (art. 5 (1)
and (4)). It is incompatible with these obligations for a State party to take any action that
would prevent or frustrate the Committee in its consideration and examination of the
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