basis of warrants issued by the prosecutor, their
detention for seven months without any judicial
review, as well as their treatment in custody and
during the trial give rise to violations of articles 6, 7,
9, 14, paragraphs 1, 2, 3 (b), (d), (e) and (g).
measures had been issued on 22 February 2000. No
reply has been received from the State party on the
request for interim measures, and no explanations
were provided in relation to the allegation (see para.
3.5) that the author’s sons were executed after the
registration of the communication by the Committee,
and after a request for interim measures was issued
to the State party. The author has contended that the
State party had forged its death records, so that the
date of execution of her sons would pre-date the
registration of the communication and the interim
measures request.
3.4 The author claims that the charges against her
husband were also fabricated, and that her husband’s
arrest and the treatment he was subjected to in
custody and trial amount to violations of articles 9,
10, paragraph 1, and 14, paragraphs 1, 2, 3 (b), (d),
(e) and (g).
3.5 Finally, the author claims that the State party
executed her sons in spite of a request for interim
measures of protection addressed to the State party
on behalf of the Committee. She contends that the
State party forged official death records, so that the
date of execution of her sons would appear to predate registration of the communication and the
request for interim measures. In this regard she
points to the discrepancy between the records of the
Tashkent Regional Court and the records of the
Yunusabad District Bureau of the Civilian Registry
Office (ZAGS) (see paras. 1.3 and 2.9 above). She
notes that a letter of the Tashkent Regional Court
was sent to her almost 10 months after the date of
the alleged execution, but after the request for
interim measures of protection had been addressed to
the State party. This is said to constitute a breach of
the State party’s obligations under the Optional
Protocol.
5.2 The Committee recalls 3 that by adhering to
the Optional Protocol, a State party to the Covenant
recognizes the competence of the Committee to
receive and consider communications from
individuals claiming to be victims of violations of
any of the rights set forth in the Covenant (Preamble
and article 1). Implicit in a State’s adherence to the
Protocol is an undertaking to cooperate with the
Committee in good faith so as to permit and enable it
to consider such communications, and after
examination to forward its views to the State party
and to the individual (art. 5, paras. 1 and 4). The
Committee further recalls that interim measures
pursuant to rule 92 of the Committee’s rules of
procedure are essential to the Committee’s role
under the Protocol. Flouting of the Rule, especially
by irreversible measures such as the execution of the
alleged victims, undermines the protection of
Covenant rights through the Optional Protocol.4
State party’s observations on admissibility and
merits
5.3 In its previous case law, the Committee had
addressed the issue of a State party acting in breach
of its obligations under the Optional Protocol by
executing a person on whose behalf a
communication was submitted to the Committee, not
only from the perspective whether the Committee
had explicitly requested interim measures of
protection, but also on the basis of the irreversible
nature of capital punishment. In view of the State
party’s failure to cooperate with the Committee in
good faith on the issue of interim measures in spite
of the reiterated request, and in the absence of any
response to the allegation that the author’s sons were
executed after the registration of the communication
by the Committee, and after a request for interim
measures was issued to the State party, the
Committee considers that the facts as submitted by
the author disclose a breach of the Optional Protocol.
4.
By notes verbales of 22 February 2000, 20
February and 25 July 2001, and 17 December 2002,
the State party was requested to submit to the
Committee information on the admissibility and
merits of the communication. On 19 December
2003, the State party submitted that Uigun and
Oibek Ruzmetov had been tried and found guilty by
the Tashkent Regional Court on 29 June 1999 of a
variety of crimes under the Criminal Code of
Uzbekistan. Both were sentenced to death, and their
sentences were upheld by decision of the Supreme
Court on 20 September 1999. The State party
provides a list of all the criminal acts that Uigun and
Oibek Ruzmetov were found guilty of. It submits
that the court correctly qualified their acts, and
imposed the proper sentences by taking into account
the “public danger” of their crimes.
Issues and proceedings before the Committee
3
Piandiong v. the Philippines, communication
No. 869/1999, para. 5.1, Views adopted on 19 October
2000, Khalilov v. Tajikistan, communication
No. 973/2001, Views adopted on 30 March 2005, para.
4.1, Saidov v. Tajikistan, communication No. 964/2001,
Views adopted on 8 July 2004, para. 4.1.
4
Weiss v. Austria, communication No. 1086/2002, para.
6.4, Saidov v. Tajikistan, communication No. 964/2001,
Views adopted on 8 July 2004, para. 4.4.
Alleged breach of the Optional Protocol
5.1 The Committee has noted the author’s
allegation that the State party violated its obligations
under the Optional Protocol by executing her sons,
in spite of the fact that a communication was sent to
the Committee and a request for the interim
56
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