an obligation not to disregard the specific claim by the
author that his prolonged stay on death row amounts to a
violation of his fundamental rights; and that we are thus
bound to rule on the claim.
taken to give effect to the Committee’s Views. The
State party is also requested to publish the
Committee’s Views.
Consequently,
taking
into
account
the
circumstances of this case, in which the author of the
communication has spent 15 years on death row, I am of
the view that this fact alone constitutes cruel, inhuman and
degrading treatment and that article 7 of the Covenant has
been violated.
APPENDIX
Dissenting opinion by Committee members Mr. Hipólito
Solari-Yrigoyen and Mr. Edwin Johnson
I disagree with the majority view that it is
unnecessary in the present case for the Committee to
reconsider its jurisprudence, which has, to date, held—
wrongly, in my view—that prolonged detention on death
row does not, in itself, constitute a violation of article 7 of
the Covenant.
Accordingly, the facts before the Committee reveal
violations by the State party both of article 6 and of article
7 of the Covenant.
In accordance with article 2, paragraph 3, of the
Covenant, the State party is under an obligation to provide
the author with an effective remedy, including
commutation of his death sentence and the possibility of
his being granted his freedom.
Although the Committee has rightly concluded that
there has been a violation of article 6, it is my view that, in
a case in which the death sentence was imposed, we have
Communication No. 915/2000
Submitted by: Mrs. Darmon Sultanova (represented by counsel)
Alleged victims: The author, the author’s deceased sons, Mr. Uigun and Oibek Ruzmetov, and author’s
husband, Mr. Sobir Ruzmetov
State party: Uzbekistan
Date of adoption of Views: 30 March 2006
Subject matter: Death sentence after unfair trial,
torture, unavailability of habeas corpus,
inhuman treatment in custody, violation of
the right to privacy.
Uzbek nationals, born in 1970 and 1965
respectively. Her sons were sentenced to death by
the Tashkent Regional Court on 24 July 1999
(Uigun) and 29 July 1999 (Oibek).The sentences
were upheld on appeal by the Supreme Court of the
Republic of Uzbekistan on 20 September 1999. The
whereabouts of her sons was unknown at the time of
submission of the communication. Mrs. Sultanova
also acts on behalf of her husband, Sobir Ruzmetov,
an Uzbek national born in 1935, who at the time of
submission of the communication was serving a
five-year prison term in colony UYA 64/61 in
Karshi, Surkhandarya region, pursuant to a
judgement handed down by the Khazorasp District
Court on 28 May 1999 and upheld on appeal on 2
November 1999 (title of the court not provided).
Mrs. Sultanova claims that she is a victim of
violations by Uzbekistan of article 9, and in light of
her sons’ execution, of article 7 of the International
Covenant on Civil and Political Rights.1 She further
claims that her sons are the victims of violations by
Uzbekistan of articles 7, 9, 14, paragraphs 1, 2, 3 (b),
(d), (e) and (g), and in light of their execution, of
article 6. She also claims that her husband is a victim
of violations of articles 9, 10, paragraph 1, and 14,
paragraphs 1, 2, 3 (b), (d), (e) and (g). The author is
represented by counsel.
Substantive issues: Right to life, torture, degrading
treatment or punishment, arbitrary detention,
right to be brought promptly before a
judge/officer authorized by law to exercise
judicial power, right to communicate with
counsel, right to examine witnesses, interim
measures to avoid irreparable damage to the
alleged victim, violation of obligations under
the Optional Protocol, unlawful interference
with one’s privacy.
Procedural issues: —
Articles of the Covenant: 2, para. 3; 6; 7; 9; 10, para.
1; 14, paras. 1, 2, 3 (b), (d), (e) and (g); and
17
Articles of the Optional Protocol: 1, 2 and 5, paras. 2
(a) and (b)
Finding: Violation (arts. 2, 3 (b), (d), (e) and (g); 6;
7; 9, paras. 1 and 3; 14, para. 1; and 17)
1.1 The author of the communication is Darmon
Sultanova, an Uzbek national born in 1945. She
submits the communication on her own behalf, on
behalf of her sons, Uigun and Oibek Ruzmetov, also
1
The Optional Protocol entered into force for the State
party on 28 September 1995 (accession).
53
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