CCPR/C/128/D/2339/2014
Chechen origin, born in 1973; and Tamerlan Yashuev, a national of the Russian Federation,
of Chechen origin, born in 1983. They claim that the Russian Federation has violated their
rights under article 7, read alone and in conjunction with articles 2 (3), 9 (1)–(4), and 14 (2)
and (3) (a), (b) and (g), of the Covenant. The Optional Protocol entered into force for the
State party on 1 January 1992. The authors are represented by counsel.
The facts as presented by the authors
2.1
The authors are Rizvan Taysumov, who was deprived of liberty on 29 September
2004 by members of the Independent Intelligence Battalion of the city of Khasavyurt,
Republic of Dagestan; Salman Temirbulatov, who was deprived of liberty on 29 September
2004 by an agent of the Khasavyurt City Police in civilian clothes; Khamit Barakhayev,
who was deprived of liberty on 3 October 2004 by members of the second regiment of the
Patrol-Guard Militia Service and brought to the Municipal Department of the Interior
Affairs of the city of Gudermes; Arzu Yusupov, who was deprived of liberty on 28 October
2004 in the town of Suvorovsky, Chechnya, by members of Operational Investigation
Bureau No. 2; Magamed Alarkhanov, who was deprived of liberty on 19 February 2005 in
the Astrakhan region by members of Operational Investigation Bureau No. 2; and Tamerlan
Yashuev, who was deprived of liberty on 7 November 2004 by agents of the Kadyrovtsy
(pro-Federal Chechen forces under the effective command of Ramzan Kadyrov, who was
the President of Chechnya at the time) in Tuchkar, Republic of Dagestan.
2.2
None of the authors was informed of the reasons of arrest after their apprehension by
Chechen forces. They were kept in unacknowledged and incommunicado detention and
subjected to torture in order to force them to confess to being involved in terrorist activities.
The methods of torture used against them included beatings with various objects,
electrocution, suffocation with a plastic bag or gas mask, threats against their families and
sleep deprivation. Moreover, they were not provided with the assistance of a lawyer or an
interpreter, and some of them were forced to sign a renouncement of legal assistance. At a
certain point after their arrest, some of them had access to a lawyer. They filed several
complaints about torture and the treatment they were subjected to, but no effective and
thorough investigation was ever carried out.
2.3
In the case of Mr. Yashuev, on 15 December 2004, a medical examination found
wounds on his head as well as a hearing impairment on the right side, which were
consistent with his claims of torture; however, both the Chechen Prosecutor’s Office and
the General Prosecutor’s Office refused to open an investigation. Mr. Barakhaev was
apprehended on 3 October 2004, but his family was not informed about his whereabouts
until 18 October 2004. During this time, he was subjected to prolonged beatings with spade
handles, rubber sticks, fists and an iron whip, as well as to electrocution. He was
hospitalized with injuries, such as an open fracture of the right leg and two broken ribs. Mr.
Taysumov was apprehended on 29 September 2004 and was unlawfully held until 8
October 2004. During that time, in order to obtain a confession, he was subjected to torture,
such as being kicked with boots, and being subjected to prolonged beatings with sticks,
electrocution and suffocation using a gas mask.
2.4
Mr. Temirbulatov was apprehended on 29 September 2004, but his detention was
officially recognized on 10 October 2004. During the initial interrogations, he was not
regularly assisted by an interpreter. During his incommunicado detention, he was tortured
to force him to confess guilt in terrorist activities. He was beaten, deprived of sleep and
suffocated using a gas mask. Mr. Yusupov was apprehended on 28 October 2004, but he
was kept incommunicado until 1 November 2004. He was electrocuted, suffocated using a
plastic bag, beaten and threatened that harm would befall his brother. During the first
interrogation, he was not assisted by a lawyer or an interpreter.
2.5
Mr. Alarkhanov was apprehended on 19 February 2005 and kept incommunicado
until 21 February 2005. During this time, he was subjected to torture, with a view to
extracting a confession. He was not assisted by a lawyer during his first formal
interrogation, and he first received the assistance of an interpreter on 11 June 2005.
2.6
On 10 July 2006, the Supreme Court of the Chechen Republic found all six authors
guilty and sentenced them to various terms of imprisonment to be served in high security
prisons. Mr. Yashuev was sentenced to 13 years of imprisonment; Mr. Barakhaev to 15
years; Mr. Taysumov to 21 years; Mr. Temirbulatov to 20 years; Mr. Yusupov to 16 years;
2