CCPR/C/128/D/2707/2015
those responsible for the events in question. 12 Noting the failure of the State party to explain
the necessity of keeping information from the author and the fact that no practical outcomes
of the investigation are known, especially given the duration of the investigation, the
Committee concludes that the State party has not justified its refusal to provide relevant
information to the author. In the light of those circumstances, the Committee concludes that
the State party failed to launch a prompt, impartial and effective investigation into the
circumstances of the death of the author’s son and her allegations of torture and illtreatment. The Committee thus considers that the State party has not provided an effective
remedy for the violations of the rights of the author’s son under articles 6 (1) and 7, read
alone and in conjunction with article 2 (3) (a), of the Covenant.
8.7
The Committee observes that, although at the material time of submission of the
communication more than five years had elapsed since the death of the author’s son, the
State party’s authorities have not indicted, prosecuted or brought anyone to justice in
connection with this death in custody, which occurred in highly suspicious circumstances.
The Committee understands the continued anguish and mental stress caused to the author –
the mother of the deceased – especially given that her last complaint to the Ismoil Somoni
District Court concerning the closure of the investigation remains unanswered. In its view,
that amounts to inhuman treatment of the author, in violation of article 7, read alone and in
conjunction with article 2 (3), of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of the rights of the author’s son
under articles 6 (1) and 7, read alone and in conjunction with article 2 (3) (a), and of the
author’s rights under article 7, read alone and in conjunction with article 2 (3) (a), of the
Covenant.
10.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the author with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to: (a) conduct a prompt, effective, thorough,
independent, impartial and transparent investigation into the torture and death of the
author’s son, and to prosecute and punish those responsible; (b) keep the author informed at
all times about the progress of the investigation; and (c) provide the author with adequate
compensation for the violations of her son’s rights and her rights, and with adequate
rehabilitation measures. The State party is also under an obligation to take all steps
necessary to prevent similar violations from occurring in the future.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the present
Views. The State party is also requested to publish the present Views and to have them
widely disseminated in the official languages of the State party.
12
8
European Court of Human Rights, Oğur v. Turkey (application No. 21594/93), judgment of 20 May
1999, paras. 92–93; Boboev v. Tajikistan, para. 9.6; and general comment No. 36, para. 28.