CCPR/C/116/D/2044/2011
4.3
Furthermore, given that the issue of medical diagnosis correctness falls within the
competence of medical experts, the appeals instance justifiably decided to partly quash the
lower court’s decision and terminate proceedings concerning the part related to the medical
doctor’s diagnosis as, pursuant to article 100, paragraph 1, of the Civil Procedure Code, a
court must terminate proceedings if the issue falls outside its jurisdiction.
4.4
In the light of the above facts, the State party maintains that the domestic decisions
were lawful and justified. In addition, it notes that the first author submitted a complaint to
the Department of Internal Affairs of Samarkand Region on 20 October 2006. Her
complaint was examined; however, the claims were found to be groundless. Consequently,
the State party maintains that the authors’ rights under the Covenant have not been violated
during the national proceedings in the present case.
Authors’ comments on the State party’s observations
5.1
On 13 August 2011, the authors submitted that the national authorities had failed to
take any measures in order to initiate criminal proceedings concerning their kidnapping and
arbitrary detention in a psychiatric hospital. They note that their complaint of 20 October
2006 contained information about a crime under article 138 of the Criminal Code (unlawful
deprivation of liberty with force), that is, about the authors’ arbitrary placement in a
psychiatric hospital for nine days without providing any explanation. The same complaint
contained information that the actions of the police officer, N., the Chair of Khafiz Sherozi,
Sh., and the emergency ambulance medical doctor, Kh., in relation to the authors
constituted a crime under article 137 of the Criminal Code (kidnapping). This complaint
also contained reference to “crimes committed in relation to them under articles 321 and
322 of the Criminal Procedure Code” (duty to initiate criminal proceedings and grounds for
initiating criminal proceedings). In the light of the above, the authors submit that, in
essence, the Prosecutor’s Office was obliged to initiate criminal proceedings concerning the
actions of N., Sh. and Kh.; however, their complaint was forwarded to the Department of
Internal Affairs, where it was lost for unknown reasons.
5.2
The authors further explain that they had approached a civil court in a timely manner
with claims about the unlawful actions of N., Sh. and Kh. and violations of their
constitutional rights. In this connection, they reiterate that, on 27 December 2006, the
Samarkand City Court refused to accept the suit, stating that it was not supported by the
necessary documents, namely, responses from the national authorities. Consequently, they
had observed the prescribed time limits under article 270 of the Civil Procedure Code.
5.3
The authors argue that they have never behaved inadequately and that the State party
has not provided any evidence attesting the contrary. In addition, the second author was
granted permission to drive a car in 2005 despite his “post-traumatic encephalopathy”. The
authors further note that the medical doctor K., who was in charge of supervising the first
author’s examination, did not speak Russian and used an interpreter to communicate with
the first author. K. was the doctor who diagnosed that the first author suffered from
“somatic deviations of psyche of borderline character with accentuated personality”, or, in
other words, was “a person who constantly wants to complain”. Consequently, the authors
contest this medical doctor’s ability to reach a proper conclusion concerning the first
author’s mental health.
5.4
The authors also submit that they had submitted all the necessary evidence and facts
of the case in order to satisfy their request and initiate criminal proceedings against the
responsible persons. In addition, they note that, during the civil proceedings before the
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