CCPR/C/117/D/2219/2012
there are no effective remedies available to him in the State party with regard to his claims
under articles 7, 10 and 14 (7) of the Covenant, and that he has exhausted the available
domestic remedies in regard to his claim under article 18 (1) of the Covenant, with the
decisions of Dashoguz Regional Court and of the Supreme Court of Turkmenistan, which
upheld his convictions and sentences. The Committee also notes the State party’s assertion
of 17 March 2014 that the author’s case had been carefully considered by the relevant law
enforcement bodies of Turkmenistan and no reason had been found to appeal the court
decision, and that the State party has not contested the author’s argumentation concerning
the exhaustion of domestic remedies. In these circumstances, the Committee considers that
in the present case it is not precluded by article 5 (2) (b) of the Optional Protocol from
examining the communication.
7.4
The Committee considers that the author’s claims raising issues under articles 7, 10,
14 (7) and 18 (1) of the Covenant are sufficiently substantiated for the purposes of
admissibility, declares them admissible and proceeds to their examination on the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
8.2
The Committee notes the author’s claim that, after his conviction, he was singled out
as a Jehovah’s Witness for harsh treatment during the first 10 days of his detention in
quarantine, and he was put into a punishment cell for periods of two to three days. The
Committee also notes that on another occasion, the author was isolated in a “control unit”, a
type of punishment cell, for one month, and that once during that period, four masked
officers from the Ashgabad special police forces entered the cell and severely beat him. In
addition, following his transfer on 23 May 2012 to the LBK-11 prison, the author was
beaten and ill-treated during his placement in isolation for 10 days. The author claims that
he was repeatedly placed in the punishment cell. The Committee notes the author’s
allegations regarding the lack of adequate mechanisms for investigation of the claims of
torture in Turkmenistan, and recalls that complaints of ill-treatment must be investigated
promptly and impartially by competent authorities. 15 The State party has not refuted those
allegations, nor provided any information in that respect. In the circumstances of the
present case, the Committee decides that due weight must be given to the author’s
allegations. Accordingly, the Committee concludes that the facts as presented reveal a
violation of the author’s rights under article 7 of the Covenant.
8.3
The Committee notes the author’s claims concerning the deplorable prison
conditions at the LBK-12 prison. He claimed, for example, that he was confined in a bare
concrete cell for repeated periods of several days, and that in the cells under the general
prison regime, he was exposed to extreme heat in summer and extreme cold in winter. He
also claimed that the prison was overcrowded and that prisoners infected with tuberculosis
and skin diseases were kept together with healthy inmates, putting him at a high risk of
contracting tuberculosis. The Committee notes that the State party did not contest those
allegations. The Committee recalls that persons deprived of their liberty may not be
subjected to any hardship or constraint other than that resulting from the deprivation of
liberty; they must be treated in accordance with, inter alia, the Standard Minimum Rules for
15
8
See the Committee’s general comment No. 20 (1992) on the prohibition of torture and cruel, inhuman
or degrading treatment or punishment.