proceedings.7 In the circumstances of the case, and
in the absence of pertinent explanations from the
State party, the Committee considers that the legal
assistance did not meet the required threshold of
effectiveness. Therefore, the information before the
Committee discloses a violation of article 14,
paragraph 3 (b) and (d).
characterized as having the institutional objectivity
and impartiality necessary to be considered an
“officer authorized to exercise judicial power”
within the meaning of article 9, paragraph 3. The
Committee therefore concludes that there has been a
violation of this provision.
7.8 The Committee has considered the author’s
claim, which is made out in detail, that her
deprivation of liberty by persons acting in an official
capacity from 28 December 1998 to 6 February 1999
without charges and the subsequent failure of the
State party to investigate these acts. It recalls that
article 9, paragraph 1, is applicable to all forms of
deprivation of liberty, 10 and considers that in the
above circumstances and in the absence of pertinent
explanation from the State party, the facts as
submitted amount to an unlawful deprivation of
liberty in violation of article 9, paragraph 1.
7.5 The Committee has noted the author’s claim
that the trial of her sons was unfair, since the court
did not act impartially and independently (paras. 2.5
and 2.6 above). It also notes the author’s contention
that the trial of her sons was largely held in camera
and that none of the witnesses were present in the
court room despite numerous requests to this effect
from all eight co-defendants, including Uigun and
Oibek Ruzmetov. The judge denied these requests,
without giving any reasons. In the absence of any
pertinent State party information, the Committee
concludes that the facts before it disclose a violation
of article 14, paragraphs 1 and 3 (e), of the
Covenant.
7.9 The Committee considers that in the absence
of any explanation from the State party, the search of
the author’s house without warrant on 28 December
1998 (para. 2.1 above), amounts to a violation of
article 17.
7.6 The Committee recalls8 that the imposition of
a sentence of death upon conclusion of a trial in
which the provisions of the Covenant have not been
respected constitutes a violation of article 6 of the
Covenant. In the present case, the death sentences on
Uigun and Oibek Ruzmetov was passed in violation
of the right to a fair trial set out in article 14 of the
Covenant, and was thus also in breach of article 6.
7.10 The Committee has noted the author’s claim
that the State party authorities ignored her requests
for information and systematically refused to reveal
her sons’ situation or whereabouts. The Committee
understands the continued anguish and mental stress
caused to the author, as the mother of the
condemned prisoners, by the persisting uncertainty
of the circumstances that led to their execution, as
well as the location of their gravesite. The secrecy
surrounding the date of execution, and failure to
disclose the place of burial have the effect of
intimidating or punishing families by intentionally
leaving them in a state of uncertainty and mental
distress. The Committee considers that the
authorities’ failure to notify the author of the
execution of her sons, amounts to inhuman
treatment, in violation of article 7.11
7.7 The Committee notes that the author’s sons’
pretrial detention was approved by the public
prosecutor, and that there was no subsequent judicial
review of the lawfulness of detention until they were
brought before a court and sentenced on 24 July
1999 (Uigun) and 29 July 1999 (Oibek). The
Committee observes that article 9, paragraph 3, is
intended to bring the detention of a person charged
with a criminal offence under judicial control and
recalls that it is inherent to the proper exercise of
judicial power, that it be exercised by an authority
which is independent, objective and impartial in
relation to the issues dealt with. 9 In the
circumstances of the present case, the Committee is
not satisfied that the public prosecutor may be
7.11 The Committee considers that in the absence
of any explanation from the State party, the author’s
exposure, handcuffed and naked, to her son, Uigun,
on 5 January 1999 (para. 2.3 above), in itself
amounts to inhuman and degrading treatment,
contrary to article 7 and constitutes a violation
thereof.
7
Aliev v. Ukraine, communication No. 781/1997, Views
adopted on 7 August 2003, para. 7.3, Robinson v.
Jamaica, communication No. 223/1987, Views adopted
on 30 March 1989, para. 10.3, and Brown v. Jamaica,
communication No. 775/1997, Views adopted on 23
March 1999, para. 6.6.
8
Levy v. Jamaica, communication No. 719/1996, Views
adopted on 3 November 1998, para. 7.3, Marshall v.
Jamaica, communication No. 730/1996, Views adopted
on 3 November 1998, para. 6.6. See also general comment
No. 6 on article 6, para. 7.
9
Communication No. 521/1992, Kulomin v. Hungary,
Views adopted on 22 March 1996, para. 11.3, Platonov v.
Russian Federation, communication No. 1218/2003,
Views adopted on 1 November 2005, para. 7.2.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
10
General comment No. 8 on article 9, para. 1.
Communication No. 886/1999, Bondarenko v. Belarus,
Views adopted on 3 April 2003, para. 9.4, communication
No. 887/1999, Lyashkevich v. Belarus, Views adopted on
April 2003, para. 9.2, communication No. 973/2001,
Khaliliov v. Tajikistan, Views adopted on 30 March 2005,
para. 7.7.
11
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