CCPR/C/122/D/2577/2015 4.6 During the preliminary investigation, Mr. Formonov was defended by lawyers — Mr. Kholikberdiyev and Mr. Nomozov. In a statement in the case, Mr. Formonov declared himself guilty under article 168 of the Criminal Procedure Code. During the preliminary investigation, Mr. Formonov did not make any statement about torture being used against him. During the court hearing, while questioned about the conditions of his pretrial detention and whether any unlawful measures had been being taken against him, Mr. Formonov did not state that such measures had been taken. The case was heard in opencourt session with the participation of the lawyer Mamadaliyev. Because Mr. Formonov had breached the court order, and in accordance with article 272 (2) of the Criminal Procedure Code, he was removed from the court room. At the end of the proceedings, the court granted Mr. Formonov the opportunity to participate in the arguments and make a closing statement, which he refused. 4.7 The preliminary investigation and court examination were conducted in accordance with the norms of criminal procedural law. The court’s classification of Mr. Formonov’s actions is correct and his punishment proportionate to the crime committed. His sentence is well founded and legal. 4.8 While serving his sentence, Mr. Formonov has systematically broken the penitentiary rules, refused to abide by lawful demands made by the prison administration, and been a malicious rule-breaker, for which he has received 20 disciplinary punishments. On 3 April 2015, the prosecutor of Kungrad District of the autonomous republic of Karakalpakstan opened a criminal case against Mr. Formonov under article 221 (2) (b) of the Criminal Procedure Code for “disobeying legal demands of the administration of a correctional facility”. On 1 May 2015, Mr. Formonov was sentenced by the Kungrad District Court to 5 years and 26 days of imprisonment, under articles 60 and 221 of the Code. When deciding on the nature and length of the sentence, the Court took into account all mitigating and aggravating factors. The measures taken did not breach the norms and regulations of national legislation or international standards. While serving his sentence, Mr. Formonov did not improve his behaviour but continued to break the prison rules and internal order. On 2 May and on 5 June 2016, he was subject to disciplinary reprimands, yet he was not held in isolation as a disciplinary measure. 4.9 Mr. Formonov has been generally cared for by the prison medical staff and is healthy and fit to work. The medical staff have assessed his state of health as satisfactory, with no need for medical treatment. The prison administration has not permitted the conduct of any acts contravening his rights. He has not been subjected to physical or psychological pressure and has not submitted any complaint to the prison administration. 4.10 In the period 2015–2016, Mr. Formonov was granted six meetings with relatives. 7 During those meetings, lawyers did not request meetings with him, and Mr. Formonov did not make any request to the prison administration to meet with his counsels. 4.11 The accusation of torture by police officers during his arrest and trial are unsubstantiated, presented without any concrete details and not confirmed by any arguments or facts. It aims to denigrate the actions and present a negative image of the State party’s law enforcement officers. 4.12 The alleged human rights violations in the penitentiary system described in the communication did not take place and could not take place. In the correctional system, particular attention is paid to human rights, to observance of legality and prevention of human rights violations in penitentiary institutions. Author’s comments on the State party’s observations 5.1 In his comments of 17 January 2017, the author challenges the State party’s narrative of Mr. Formonov’s arrest, trial and detention as inadequately addressing the allegations submitted to the Committee. The State party’s response reiterates the false position that Mr. Formonov was arrested in accordance with due process, detained and convicted of extortion. The author argues that the allegation that Mr. Formonov’s violated 7 On 18 January 2015, 1 July 2015, 8 November 2015, 11 March 2016, 11 July 2016 and 18 August 2016. 5