CCPR/C/117/D/2219/2012
He submitted that after the second trial, he spent 21 days in the DZD-7 detention facility in
the city of Dashoguz, where he arrived on 2 May 2012. That day, the chief of the operative
department ordered three cellmates to beat him in the head, the kidneys and the chest. On
23 May 2012, he was transferred to the LBK-11 colony in the city of Seydi. Upon his
arrival, he was placed in isolation for 10 days. There he was beaten and threatened by one
of the sergeants. On 13 September 2012, he was working in the industrial zone when an
operative tossed him a broom, and told him to sweep a certain area, which is considered the
most degrading work, which he did. As soon as he had finished, he was called to the
operative department and was accused of having talked to a soldier in the lookout tower. He
explained that he had been working all day and had not talked to anyone. Still, he was
threatened and requested to sign a falsified document. 13 As he refused, he was put in the
punishment cell for five days, from 13 to 18 September 2012. There he had to remain
seated or standing because the walls and floor were bare concrete. He had to report to the
authorities on various occasions, as if he were an especially dangerous inmate. In May
2013, while working in the industrial zone, he was led away by the prison officers who said
that he had been reading a banned book. He was put in a punishment cell for three days.
Since his release on 1 May 2014, he has been required to report to the local police
department for an undetermined period of time. The author has had health problems,
especially because of the intracranial pressure resulting from beatings to his head in colony
DZD-7.
Issues and proceedings before the Committee
Protection against intimidation and reprisals
6.
The Committee notes with concern the information provided by the author that, on
24 January 2013, his family home was raided by police officers and that family members
and guests were subjected to mistreatment. The Committee also notes that the State party
did not provide any information to the contrary following the call from the Special
Rapporteur on new communications and interim measures dated 8 February 2013 to abstain
from acts of pressure, intimidation or reprisal against the author of the communication and
his relatives. The Committee recalls that any act of pressure, intimidation or reprisal against
a person who has submitted a communication or his or her relatives constitutes a breach of
the State party’s obligations under the Optional Protocol to cooperate with the Committee
in good faith in the implementation of the provisions of the Covenant.
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the case is admissible
under the Optional Protocol.
7.2
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.
7.3
The Committee recalls its jurisprudence to the effect that authors must avail
themselves of all domestic remedies in order to fulfil the requirement of article 5 (2) (b) of
the Optional Protocol, insofar as such remedies appear to be effective in the given case and
are de facto available to the author.14 The Committee notes the author’s submission that
13
14
The author does not provide further details on the contents of the document.
See, for example, communication No. 2097/2011, Timmer v. the Netherlands, Views adopted on
24 July 2014, para. 6.3.
7