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

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