CCPR/C/112/D/1972/2010
cassation appeal. The Committee therefore finds that in the circumstances it is not
precluded ratione temporis from considering the author’s claims under article 15 of the
Covenant.
8.7
The Committee further notes the author’s claims that the conditions in the Qobustan
prison, where the author was detained after the commutation of the death sentence,
including after the entry into force of the Optional Protocol, are inhuman and degrading in
violation of his rights under articles 7 and 10 (paras. 1 and 3) of the Covenant and notes that
the State party has not challenged the admissibility of those claims. The Committee finds
that the author has sufficiently substantiated those claims for the purposes of admissibility
and declares them admissible.
8.8
Accordingly, the Committee declares those claims of the author under articles 7, 10
(paras. 1 and 3), 14 (para. 1) and 15 admissible and proceeds to their examination on the
merits.
Consideration of the merits
9.1
The Human Rights Committee has considered the communication in the light of all
the information made available to it by the parties, as provided for under article 5,
paragraph 1, of the Optional Protocol.
9.2
The Committee takes note of the author’s claims that the conditions in which he has
been serving his life imprisonment sentence, including after the entry into force of the
Optional Protocol for the State party, amount to torture, inhuman and degrading treatment
in violation of articles 7 and 10 (paras. 1 and 3) of the Covenant. It notes that the State party
has confirmed most of the allegations of the author regarding: the size of the cells, the
absence of opportunities for work, education, vocational training or sports for individuals
serving life sentences; number of visits and phone calls they are allowed; and their general
ability to maintain contact with their families. The Committee also notes the State party’s
general argument that the conditions in its prisons are consistent with international
standards. The Committee concludes that the author’s conditions of detention, in the period
from the entry into force of the Optional Protocol for the State party, until 24 June 2008, as
described (see paras. 2.7 and 2.8 above) violated his right to be treated with humanity and
with respect for the inherent dignity of the human person, and were therefore contrary to
article 10, paragraph 1.18 In the light of that finding, the Committee will not examine
separately any possible claims arising under articles 7 or 10 (para. 3) in that regard.19
9.3
The Committee notes the author’s claim that, after his cassation appeal was rejected
on 20 September 2005 by a panel of judges of the Supreme Court, the Plenum of the
Supreme Court further reviewed that decision on 24 October 2005, leading to a
modification of the author’s sentence; the Plenum held a hearing in the presence of the
Procurator, but did not notify the defence, and neither the author nor his counsel attended
the hearing. The State party does not contest those allegations. The Committee recalls that
under the principle of equality of arms, the same procedural rights are to be afforded to both
parties unless distinctions are based on law and can be justified on objective and reasonable
grounds, not entailing actual disadvantage or other unfairness to the defendant. 20 In the
18
19
20
See communications No. 1813/2007, Akwanga v. Cameroon, Views adopted on 22 March 2011,
para. 7.3, and No. 1628/2007, Pavlyuchenkov v. Russian Federation, Views adopted 20 July 2012,
para. 9.2.
See for example communication 1406/2005, Weerawansa v. Sri Lanka, Views adopted on 17 March
2009, para. 7.4.
General comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial,
para. 13.
13