CCPR/C/116/D/2044/2011
Samarkand City Court,2 the emergency ambulance doctor Kh. acknowledged that he had
been pressured to take the authors to the psychiatric hospital on 10 October 2006.
Furthermore, the State party claims that the authors were taken to the psychiatric hospital at
the initiative of Sh. and N.; however, the authors submit that, during the proceedings before
the Samarkand City Court, N. testified that, on 10 October 2006, he had invited the authors
to discuss one of their complaints and that, when they arrived, he was outside his office on
the street, and that the authors had voluntarily sat in the ambulance. 3 As to the State party’s
argument that the authors’ complaint of 20 October 2006 was examined by the national
authorities, the authors note that they are not aware of this examination and that they have
never been informed who performed this examination and what were the results. In this
regard, they note that, according to the information they received from the Prosecutor’s
Office and Department of Internal Affairs of Samarkand Region, no investigation was
carried out in relation to their complaints and the authorities had no intention of initiating
such an investigation.
5.5
The authors finally reiterate a number of facts, arguing that their rights have been
violated, and provide extensive explanations concerning their complaints to different
institutions since 2002 and their reasons for submitting them.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol to the Covenant.
6.2
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.
6.3
The Committee further 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.4 In the context of the authors’ claims under article 9 (1)
and (4) of the Covenant, and their claim under article 14 (1) of the Covenant, the
Committee takes note of the authors’ submission that they have exhausted all available
domestic remedies and that, after their release from the hospital, they complained about
their involuntary hospitalization to a number of national authorities, including to the
Prosecutors Office, but all in vain. Furthermore, on an unspecified date, the second author
had attempted to file a civil lawsuit against the unlawful actions of N., Sh. and Kh. but, on
27 December 2006, the Samarkand City Court refused to accept the suit, stating that it was
not supported by the necessary documents, namely, responses from the above-mentioned
authorities. Furthermore, the Committee observes that, during the second set of civil
proceedings initiated by the authors, the Samarkand City Court assessed the information
and arguments presented by the parties and witnesses. For example, it established that, on
18 May 2006, the authors had been diagnosed by the Psychiatric Health Centre with
having, inter alia, “borderline mental deviations against the background of a somatic
2
3
4
6
See para. 2.6 above.
See para. 2.7 above.
See, for example, communication No. 2097/2011, Timmer v. the Netherlands, Views adopted on 24
July 2014, para. 6.3.