CCPR/C/119/D/2555/2015 2.23 The counsel submitted three requests for a supervisory review of the court decisions of 6 June and 10 October 2013. These were dismissed on 25 November 2013, 22 February 2014 and 9 April 2014, on the grounds that the first-instance court had classified the crime correctly and had imposed a sentence in accordance with the law. 2.24 The author submits that he has exhausted all available and effective domestic remedies and that the communication is not being examined under another procedure of international investigation or settlement. He requests that a violation of his Covenant rights be established and that he be retried in compliance with all Covenant guarantees. The complaint 3.1. The author claims that the severe beatings and ill-treatment he sustained while in detention amount to torture, in violation of article 7 of the Covenant. As a result of the use of torture, he was compelled to testify against himself, in breach of article 14 (3) (g) of the Covenant. 3.2. Under article 9 (1) of the Covenant, the author claims that his detention from 3 to 8 August 2012 was unlawful and arbitrary as it was unrecorded. Furthermore his whole pretrial detention was unlawful, as pretrial detention is not envisaged for the crimes he was initially charged with. Detention for those crimes, which are punishable by less than three years’ imprisonment, can be imposed only if certain circumstances listed in article 242 of the Code of Criminal Procedure are met, 4 which was not his case. 3.3 The author also claims that he was denied access to his counsel and could not prepare his defence, contrary to article 14 (3) (b) of the Covenant. 3.4 He claims that the pretrial investigation and court proceedings were protracted, in violation of article 14 (3) (c) of the Covenant. 3.5 Under article 14 (3) (e) of the Covenant, the author claims that he was not allowed to obtain the attendance and questioning of any witnesses on his behalf, whereas all witnesses on behalf of the prosecution were heard by the court. In particular, the counsel requested the attendance and questioning of the following witnesses: attesting witnesses, customs and National Security Service officials who drew up initial procedural documents, witnesses who planted the drugs, the expert who delivered the report of 3 August 2012, and officials of the temporary detention facility, customs officials and officials of the Department of the Interior in Bekabad who were on duty between 3 and 8 August 2012. Those witnesses knew that the criminal case against him had been fabricated but they drew up procedural documents in violation of the Code of Criminal Procedure. State party’s observations 4.1 On 16 April 2015, the State party submitted its observations on the merits of the communication. The State party disputes the author’s allegation that his rights were breached during the investigation and court proceedings. 4.2 The State party submits that on 6 August 2012, the investigation department of the National Security Service in the Tashkent region launched criminal proceedings against Mr. Yu. and others on suspicion of the smuggling and illegal sale of drugs in large amounts. The investigation established that the author had conspired with A., whose identity was not 4 Taking into custody (art. 242 of the Code of Criminal Procedure) (unofficial translation): Taking into custody as a measure of restraint shall be imposed with regard to criminal cases for offences punishable by imprisonment for a term exceeding three years and unintended offences punishable by imprisonment for a term exceeding five years in accordance with the Criminal Code. In special instances, this measure of restraint may be imposed with regard to criminal cases for intended offences punishable by imprisonment for a term less than three years and for unintended offences punishable by imprisonment for a term less than five years, in one of the following circumstances: the accused fled from the investigation and justice; the identity of the arrested suspect has not been established; the accused violated a measure of restraint applied previously; the arrested suspect or the accused has no permanent residence in Uzbekistan; the crime is committed while serving a sentence of arrest or imprisonment. 5