CCPR/C/128/D/2339/2014
arrested on 7 November 2004, Mr. Yashuev had no access to a lawyer until 1 December
2004. Mr. Taysumov was arrested on 29 September 2004, and received access to a lawyer
on 20 October 2004. Mr. Barakhaev was arrested on 3 October 2004, but did not have
access to a lawyer until 11 November 2004. Mr. Temirbulatov was arrested on 29
September 2004, but did not have access to a lawyer until 12 October 2004. Mr. Yusupov
was arrested on 28 October 2004, but he was not assisted by a lawyer until December 2004.
Finally, Mr. Alarkhanov was arrested on 19 February 2005, but did not have access to a
lawyer until 21 February 2005.
Additional submissions
From the State party
6.1
In a note verbale dated 29 January 2016, the State party submitted additional
information. The authors claims include: that they were not informed of the reasons of
arrest, or the charges against them; that they were not brought before a judge; and that
during the interrogations, they had no interpreters. Under article 91 of the Criminal
Procedure Code, a law enforcement officer, such as an investigator, has the right to detain a
person suspected of committing a crime, under one of the following circumstances: when
the person is caught during the commission of a crime; when victims or eyewitnesses
identify the person as a perpetrator; or when there are clear signs of traces of the crime on
the person or on his or her clothing. A suspect can also be detained, if he or she tries to flee
or does not have a permanent place of residence, or if his or her identity cannot be
confirmed. In addition, a person can be detained if the investigator files a request with a
court, which must also be approved by a prosecutor.
6.2
Article 92 of the Criminal Procedure Code prescribes further steps that need to be
taken. Upon arrival of the suspect or accused at the inquiry body, the responsible officer has
to file a report within three hours. The report needs to stipulate that the detained person was
given information about his or her rights under article 46 of the Code, which pertains to the
rights of a suspect. According to this provision, a suspect has a right to know what he or she
is accused of, and to receive a copy of the decision initiating a criminal case or a copy of
the initial arrest or detention order. A suspect also has the right to explain and provide
information regarding suspicions against him or her, or to refuse to provide such
information. When a suspect provides such information, a warning is given to the suspect
that the information can be used against him or her, including in case he or she
subsequently retracts those initial statements, with the exception of cases that fall under
article 75 (2) (1) of the Code.8 Furthermore, a suspect has a right to be assisted by a lawyer
and to meet his or her lawyer confidentially, prior to the initial interrogation as a suspect.
Additionally, a suspect has the right to provide evidence; file motions and request recusals;
make statements in his or her native language or in a language that he or she speaks; use the
services of an interpreter free of charge; study the reports of investigative actions with his
or her participation; file comments thereon; participate in investigative actions taken upon
his or her request or requested by counsel or a representative; and file complaints regarding
actions taken by, or the inaction of, the courts, the prosecutor’s office, an investigator or an
inquiry officer.
6.3
A suspect who was initially apprehended under article 91 of the Code during the
commission of a crime must be interrogated within 24 hours. A person can be held up to 48
hours, but must then be freed unless a court decides to hold him or her in pretrial detention.
Under article 108 of the Code, pretrial detention can be imposed by a court if a less
restrictive prevention measure cannot be used. As the records indicate, the authors of the
present communication were accused of several crimes, including under article 209 of the
Code, which pertains to banditry, with a potential prison term of 10 years or more. The
authors were detained on the basis of eyewitness statements. During the apprehension, they
were informed of their rights under article 46 of the Code and article 51 of the Constitution,
with regard to the right not to testify against themselves. The authors were also informed of
their rights prior to interrogation. Mr. Yusupov and Mr. Yashuev were interrogated using
8
According to article 75 (2) (1), inadmissible evidence includes testimony given by the suspect or the
accused during pretrial proceedings in the criminal case that was provided in the absence of the
defence counsel, including in cases in which the services of defence counsel to the suspect or accused
were refused, and testimony that was not confirmed by the suspect or the accused in court.
7