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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents