Communications Nos. 1108/2002 and 1121/2002
Submitted by: Mr. Makhmadim Karimov and Mr. Amon Nursatov (not represented by counsel)
Alleged victims: Aidamir Karimov (Makhmadim Karimov’s son), Saidabror Askarov, Abdumadzhid
Davlatov and Nazar Davlatov (Nursatov’s brother and cousins respectively).
State party: Tajikistan
Date of adoption of Views: 27 March 2007
Subject matter: Imposition of death sentence after
unfair trial and absence of legal representation
in capital case.
(Askarov/Davlatovs) respectively, requested the
State party not to carry out the alleged victims’
executions while their cases are under examination
by the Committee. Later, the State party explained
that all the death sentences of the alleged victims
were commuted to 25 years’ imprisonment.
Substantive issue: Torture; unfair trial; right to life;
conditions of detention
Procedural issues: Evaluation of facts and evidence;
substantiation of claim
The facts as presented by the authors
2.1 On 11 April 2001, at around 8 a.m., the FirstDeputy Minister of Internal Affairs of Tajikistan,
Khabib Sanginov, was shot dead in his car near his
house in Dushanbe. Two bodyguards and the car
driver also died in the ambush. Seven individuals
were arrested during 2001 as suspects in the
murders, including the alleged victims.
Articles of the Covenant: 6, 7, 9, 10 and 14
Article of the Optional Protocol: 2
Finding: Violation (Messrs. Davlatov: arts. 6, para.
2; 7 and 14, para. 3 (g); 10; and 14, para. 2;
Messrs. Karimov and Askarov: art. 6, para. 2;
7, 10; and 14, paras. 2 and 3 (b), (d) and (g))
The case of Aidamir Karimov
2.2 On an unspecified date in early June 2001,
Aidamir Karimov was arrested in Moscow on
charges of terrorism, pursuant an arrest warrant
issued by the Tajik Prosecutor’s Office that was
transmitted to the Russian authorities. He was
remitted to the Tajik authorities and arrived in
Dushanbe allegedly on 14 June 2001, but his
relatives were informed of this only five days after
his arrival.
1.1 The first author is Makhmadim Karimov, a
Tajik national born in 1950, who submits the
communication on behalf of his son, Aidamir
Karimov, also Tajik national born in 1975. The
second author is Mr. Amon Nursatov, a Tajik
national born in 1958, who submits the
communication on behalf of his brother Saidabror
Askarov, 1 and his cousins Abdumadzhid Davlatov
and Nazar Davlatov, both Tajiks born in 1975. At
the time of submission of the communications, all
four victims were awaiting execution, after being
sentenced to death by the Military Chamber of the
Supreme Court on 27 March 2002. The authors
claim violations by Tajikistan of the alleged victims’
rights under article 6, paragraphs 1 and 2; article 7;
article 9, paragraphs 1 and 2; article 10; and article
14, paragraphs 1, and 3, (e) and (g), of the
Covenant. 2 The second author invokes in addition
violations of article 14, paragraph 3 (b) and (d) in
relation to his brother Askarov; the communication
appears to raise similar issues also in relation to
Aidamir Karimov. They are unrepresented.
2.3 He was detained for two weeks on premises of
Dushanbe’s Internal Affairs’ Department. The
author claims that the building is not adapted for
prolonged detentions, and the maximum allowed
period for detention there is three hours. His son was
transferred to a Temporary Detention Centre only
two weeks later (exact date not specified) and kept
there for two months, instead of the statutorily
maximum authorized 10 days. Afterwards, he was
transferred to the Investigation Detention Centre No
1 in Dushanbe, but was systematically brought to the
Internal Affairs’ Department and subjected to long
interrogations there that went on all day and often
continued into the night. The food was insufficient
and the parcels his family transmitted to the
authorities did not reach him.
1.2 Pursuant to article 92 of its rules of procedures,
when registering the communications, the
Committee, acting through its Special Rapporteur of
New Communications and Interim Measures, on 19
August (Karimov) and 25 September 2002
2.4 On 11 September 2001, the author’s son was
officially charged with premeditated murder under
aggravating circumstances, accomplished with a
particular violence, with use of explosives, acting in
an organized group, theft of fire arms and
explosives, illegal acquisition of fire arms and
explosives, and deliberate deterioration of property.
1
Both the author and the State party use two names in
relation to Mr. Nursatov’s brother: Saidabror Askarov and
Said Rezvonzod.
2
The Optional Protocol entered into force for the State
party on 4 April 1999.
92
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