CCPR/C/114/D/2234/2013
2008 and she was placed in the inpatient unit for further observation. By May 2008, her
health had improved and she was released to the general population.
4.13 With regard to the possibilities for prisoners to submit statements and complaints, all
prisoners can complain to the facility’s administration and members of the procurator’s
office. All petitions are registered according to the facts stated therein and a thorough
investigation is conducted. There were no obstacles preventing the author from petitioning
the administration of the facility or the procurator’s office. All her complaints in that regard
are groundless. The instances described in the communication did not occur and could not
have occurred. The personnel of the law enforcement agencies acted strictly within the
bounds of their professional duties. The penitentiary facilities of Uzbekistan implement in a
timely manner measures to prevent the occurrence of any actions that would infringe on the
legal rights of individuals who are being held in detention or who have been sentenced to
incarceration. If an instance of use of physical force or prohibited treatment is discovered,
the guilty parties are strictly disciplined or charged with a criminal act.
Author’s comments on the State party’s observations
5.1
On 11 September 2014, the author submits that, in her communication, she has set
out a detailed and consistent account of a campaign of persecution by the State party’s
authorities directed against her as a result of her human rights activities, which lasted from
early 2002 until the author was forced to leave Uzbekistan in March 2009. It involved, inter
alia, arbitrary arrest and unlawful detention, torture and other forms of cruel, inhuman or
degrading treatment or punishment and a violation of her right to a fair trial. She
substantiates her account of these violations with medical and psychological reports,
witnesses’ testimonies and copies of court orders, decisions of the authorities dismissing
her complaints, judgements and media articles and reports of non-governmental and
international organizations, including the United Nations.
5.2
The author submits that the State party’s observations consisted in an outright denial
of her allegations and that the State party has not adduced any relevant evidence in support
of its account and did not address the evidence submitted by the author. The author notes
that the State party chose not to address a number of violations highlighted in her
complaint, in particular the lack of access to her family and her lawyers during her
imprisonment in the women’s colony in violation of articles 7 and 10 and the violation of
articles 17, 19-21 and 26.
5.3
In response to the State party’s denial that the author has been subjected to torture or
any other form of ill‐treatment, she provides a detailed account of the different types of
persecution to which she was subjected by State officials from 2002 to 2005, ranging from
repeated arbitrary arrest and unlawful detention to gang rape, beatings, threats and other
forms of torture and of ill-treatment. The author’s account is supported by detailed,
consistent and multiple pieces of evidence, including the author’s affidavit in which she
identified the perpetrators of her ill‐treatment, a court order of 5 September 2002 to open an
investigation against those responsible for the author’s arrest and ill-treatment, photographs
of the author’s injuries, media articles and a reference to one of the incidents in the report
of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment following his mission to Uzbekistan (see A/HRC/7/3/Add.1).
5.4
The State party dismisses the author’s account of her gang rape by three security
officers. The author provided a detailed account of the rape in her testimony. In the light of
the challenges in documenting acts of rape, particularly rape in detention, the author’s
testimony constitutes sufficient evidence. There is no indication that the State party carried
out any effective and impartial investigation into the alleged incidents.
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