CCPR/C/132/D/2675/2015
notes the State party’s argument that the author’s written confession was not extracted by
force, as the information contained therein matched the accounts presented by the author to
his cellmates while he was in pretrial detention and as evidenced by the video recording. The
Committee recalls that the right to equality before the courts and tribunals encompasses the
rights of equal access and of equality of arms,8 and that the Committee’s role is not to serve
as a fourth instance. While noting that the fair trial issues remain disputed by both parties,
with alleged inconsistencies in interpretation of most of the evidence by the author, and that
the information on file mainly pertains to the facts and evidence, which were thoroughly
reviewed by the appellate and cassation instances, the Committee considers that the author
has not sufficiently substantiated his claims for purposes of admissibility. 9 Accordingly, it
concludes that this part of the communication is inadmissible under article 2 of the Optional
Protocol.
9.
The Human Rights Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under articles 2 and 3 of the Optional
(b)
That the present decision shall be communicated to the State party and to the
author.
8
9
See the Committee’s general comment No. 32 (2007), para. 8.
See, e.g., E.Z. v. Kazakhstan (CCPR/C/113/D/2021/2010), para. 7.5.
9