CCPR/C/128/D/2339/2014
and Mr. Alarkhanov to 16 years. The authors’ confessions, obtained under torture, were
invoked and retained as valid evidence in court.
2.7
The six authors appealed to the Supreme Court of the Russian Federation against the
judgment issued by the Supreme Court of the Chechen Republic. The authors claimed that
they had been subjected to torture and forced to confess guilt. They further claimed that
they had not received a fair trial.
2.8
On 2 May 2007, the Supreme Court of the Russian Federation rejected their appeals,
except in the case of Mr. Temirbulatov, whose verdict was partially changed. His sentence
was lowered to 19 years of deprivation of liberty. Nevertheless, the authors claim that the
Supreme Court in this case also disregarded their allegations of torture, and that the
confessions obtained under torture were retained as valid evidence.
2.9
On 14 May 2007, the authors, together with other applicants, applied to the
European Court of Human Rights. On 27 September 2012, a single judge decided that the
application was inadmissible because it did not satisfy the requirements established by
articles 34 and 35 of the Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights). No further explanation was provided
by the Court.
2.10 The authors contend that the above circumstances must be read in the context of
gross human rights violations prevailing in the Russian Federation. In fact, several
international human rights bodies, including the Human Rights Committee, have
denounced the existence of a systematic practice of unacknowledged detention and torture
in the investigation of cases allegedly related to terrorism, as well as the lack of effective
investigation and the ensuing impunity of perpetrators.
The complaint
3.1
The authors claim that they filed several complaints and that there was evidence
consistent with their allegation of torture or to cruel, inhuman or degrading treatment, under
article 7, read alone and in conjunction with article 2 (3), of the Covenant. Despite this, the
authors submit that no prompt, effective, independent, impartial and thorough investigation
on their allegations took place, and that those responsible were neither prosecuted nor
sanctioned. In some cases, the authors expressly reported the identity of the State party’s
agents responsible for their torture and requested medical examinations. In the case of Mr.
Yashuev, the medical examination showed a wound consistent with his allegations. In the
other cases, no medical examination was carried out, without justification. In cases where
some actions were undertaken by the authorities, the investigation was entrusted to one of
the main suspects. Likewise, the Supreme Courts of the Chechen Republic and of the
Russian Federation did not specifically address the authors’ claims that their confessions
were forced and that they were victims of fair trial violations.
3.2
The authors further claim that their rights to liberty and security under articles 9 (1)–
(4) of the Covenant have been violated by the State party, because they were subjected to
arbitrary arrest and detention; they were not informed of the reasons for their arrest; and
they were not promptly informed of the charges against them. Moreover, they were kept
incommunicado and were not brought promptly before a judge or other officer authorized
by law to exercise judicial power. Furthermore, on several occasions, they were not
provided with the assistance of an interpreter, especially during the interrogations.
3.3
The authors claim that their rights to a fair trial under articles 14 (2) and (3) (a), (b)
and (g) were violated. They claim that they were not presumed innocent until proven guilty
in accordance with the law; that they were not informed promptly in a language that they
understand of the nature and cause of the charges against them; and that they did not have
adequate time and facilities for the preparation of their defence and to communicate with a
lawyer of their own choosing. Moreover, they were all forced to confess guilt under torture.
State party’s observations on admissibility and the merits
4.1
In a note verbale dated 11 April 2014, the State party submitted that the authors
were indeed sentenced to various terms of imprisonment, by the Supreme Court of the
Chechen Republic on 10 July 2006. Mr. Yashuev was sentenced to 13 years in prison; Mr.
Barakhaev to 15 years; Mr. Taysumov to 21 years; Mr. Temirbulatov to 20 years; Mr.
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