CCPR/C/120/D/2532/2015
admissible the claims under article 7 in conjunction with article 2 (3) and article 14 (1) of
the Covenant, and therefore proceeds to their examination on the merits.
Consideration of the merits
11.1 The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as provided in article 5 (1) of
the Optional Protocol.
11.2 The Committee notes the author’s detailed allegations of torture by police officers
and investigators upon apprehension and during the pretrial detention, aimed at extracting a
confession. The Committee also notes that, on 4 June 2009, the author was examined by
medical experts who found and documented injuries on his body. The Committee notes that
the author submitted to this effect the medical certificate dated 5 June 2009, which details
his injuries, notably on his shoulders and on his left knee. The Committee takes note of the
medical expertise conclusion that some injuries had been inflicted with a hard blunt object
and could not have been sustained through a single fall (the author stated he had fallen on
the street a week earlier and had damaged his right shoulder and knees). On the other hand,
the Committee also notes that the State party rejects the author’s allegations and claims the
injuries had been sustained earlier and that the author’s poor health was taken into
consideration by the trial court as a mitigating factor. The Committee also takes note of the
two medical certificates of November 2010 that indicate that the author suffered from
health problems and several chronical diseases, including hypertension. Regarding the State
party’s obligation to investigate properly the author’s torture claim, the Committee recalls
its jurisprudence according to which a failure by a State party to investigate allegations of
violations could in and of itself give rise to a separate breach of the Covenant. 22 The
Committee notes that the material on file does not allow it to conclude that the investigation
into the allegations of torture was carried out promptly and effectively. In the light of the
above, the Committee finds that there has been a violation of the author’s rights under
article 7 read in conjunction with article 2 (3) of the Covenant owing to the lack of effective
investigation of his torture allegations.
11.3 The Committee further notes the author’s claims that the Court used the testimony
of the main accused and witness, “At.”, against the author, which allegedly had been
extracted under torture and was subsequently retracted by the witness during the court
hearing. It further notes that the State party did not contest the argument that decisive
weight had been attributed to the testimony of that witness in the author’s trial, despite the
allegation that it had been extracted under torture. From the information before it, the
Committee observes that the trial court did not take into consideration the retraction by that
witness of his inculpatory statement against the author or the detailed description of the
torture he had been subjected to during pretrial interrogation, instead relying solely on the
testimony that the witness had given at the pretrial phase. According to the court transcript,
the court also dismissed without addressing its substance the author’s allegations of
“substantial violations in the pretrial investigation” and his request to issue a special ruling
against the investigator, “Sh.”. In the light of the above, the Committee finds that there has
been a violation of the author’s rights under article 14 (1) of the Covenant.
12.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol, is
of the view that the information before it discloses a violation by the State party of the
author’s rights under article 7 read in conjunction with article 2 (3) and article 14 (1) of the
Covenant.
13.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the
author’s allegations of torture and, if confirmed, prosecute, try and punish those responsible
22
10
See the Committee’s general comment No. 20 (1992) on the prohibition of torture and cruel treatment
or punishment, para. 14; and its general comment No. 31 (2004) on the nature of the general legal
obligations imposed on States parties to the Covenant, para. 15. See also communication No.
2231/2012, Askarov v. Kyrgyzstan, Views adopted on 11 May 2016, para. 8.3.