he was sentenced to death after an unfair trial which
violated article 14, of the Covenant.
the Davlatovs, Mirzoev and Yormakhmadov, and
was sentenced to death on 27 March 2000.
3.6 While the author does not invoke article 14,
paragraph 3 (b) and (d) specifically, the
communication appears to raise issues under these
provisions in Karimov’s respect.
4.3 The murder victim was an opposition leader
and a member of the National Reconciliation
Commission created in 1997. After the work of the
Commission resumed in June 1999, he was
appointed as First Deputy Minister of Internal
Affairs. In this function he took a number of steps
for the demilitarization of armed opposition groups.
He thus became a target of assassination attempts.
Askarov and Davlatov brothers’ case
3.7 Mr. Nursatov claims a violation of article 7,
and article 14, paragraph 3 (g), as his brother
Askarov and his cousins Abdumadzhid and Nazar
Davlatov were tortured and forced to confess guilt.
4.4 According to the Court, Karimov and the
other co-accused were found guilty of murder, theft
of fire arms and ammunitions, acting in an organized
group, robbery, intentional deterioration of property,
and illegal acquisition, storing, and carrying of fire
arms and ammunition. Their guilt was established
not only by their confessions made during the
preliminary investigation, but also confirmed by the
testimonies of many witnesses; as well as the records
of several identification parades, face-to-face
confrontations, records of the reconstruction of the
crime scene; and the verification of depositions at
the crime scene; seized fire arms, ammunition
(bullets), conclusions of several medical-forensic
and criminal experts, as well as other evidence
collected. Karimov’s acts were qualified correctly
under the law, and his punishment was proportionate
to the gravity and the consequences of the acts
committed.
3.8 Article 9, paragraphs 1 and 2, were violated in
their cases, because they were detained for long
periods of time without being informed of their
charges on arrest.
3.9 The author claims that his brother’s and
cousins’ rights under article 10 of the Covenant were
also violated as at the early stages of detention, they
were kept at premises that were inadequate for long
detention, they were given no food and only limited
quantities of water, and the parcels their family
prepared for them never reached them.
3.10 The author claims that the court was partial, in
violation of article 14, paragraph 1. He adds that
article 14, paragraph 2, was violated, because of the
statement made by a senior security officer in court
that the accused were “dangerous criminals”.
3.11 According to the author, his brother’s and
cousins’ right to a defence was violated, contrary to
article 14, paragraph 3 (b) and (d).
4.5 According to the court, the author’s
allegations that his son did not take part in the crime
but was obliged to confess guilt during the
preliminary investigation and the court convicted
him on the basis of untrue and doubtful evidence,
were not confirmed and were refuted by the material
contained in the case file.
3.12 Askarov and the Davlatov brothers allegedly
are victims of a violation of article 14, paragraph 3
(e), because the testimonies of the witnesses on their
behalf were rejected as “false”.
4.6 According to the State party, the author’s
allegations that his son was beaten and was kept
unlawfully under arrest for a long period to force
him confess guilt were rejected and were not
corroborated by the circumstances and the material
of the criminal case. The case file shows that
Karimov left for the Russian Federation after the
crime occurred. On 4 May 2001, the Tajik
Prosecutor’s Office charged him in absentia with
terrorism, and an arrest warrant was issued against
him. On this basis, he was arrested in Moscow on 14
June 2001. He was transferred to Dushanbe on 25
June 2001. The State party contends, without
providing any documentary evidence, that Karimov
was examined by a medical doctor upon arrival in
Dushanbe, who concluded that his body did not
reveal any bodily injuries as a result of ill-treatment.
On 28 June 2001, in his lawyer’s presence, Karimov
described the crime events in detail at the crime
scene, and on 30 June 2001, during a confrontation
with his co-accused Mirzoev and again in their
3.13 Finally, the author claims that Askarov’s and
the Davlatov brothers’ rights under article 6,
paragraphs 1 and 2, were violated, because they
were sentenced to death after a trial that did not meet
the requirements of article 14.
State party’s observations
Karimov’s case
4.1 On 20 February 2003, the State party
informed the Committee that pursuant a Ruling of
the Presidium of the Supreme Court of 3 December
2002, Karimov’s death sentence was commuted to a
25 years’ prison term.
4.2 On 3 April 2006, the State party presented its
observations on the merits. According to it, the
Supreme Court examined the criminal case and
recalled that the author’s son was found guilty of a
multitude of crimes, including murder, committed
together with his co-accused Revzonzod (Askarov),
95
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents