CAT/C/53/D/495/2012
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (fifty-third session)
concerning
Communication No. 495/2012
Submitted by:
N.Z. (represented by counsel, Anastasia Miller)
Alleged victim:
The complainant’s son, E.Z.
State party:
Kazakhstan
Date of complaint:
14 July 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 28 November 2014,
Having concluded its consideration of complaint No. 495/2012, submitted to the
Committee against Torture by N.Z. under article 22 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
her counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.
The complainant is N.Z., a Kazakhstan national born on 3 December 1952, who
submitted the communication on behalf of her son, E.Z., a Kazakhstan national born on
19 June 1986. The complainant claims that her son is a victim of violations by the State
party of articles 1, 12 and 13 of the Convention.1 The complainant is represented by
counsel.
The facts as presented by the complainant
2.1
On 15 September 2006, the complainant’s son and a friend of his, Mr. M., were
planning a hunting trip. They had a hunting licence, a shotgun and a bag with bullets and
cases with them in Mr. M.’s car. During the trip, the complainant’s son unwillingly
participated in a conflict that broke out between Mr. M. and three of their acquaintances.
During the conflict, the complainant’s son fired a shotgun into the air. A police chase
1
2
On 21 February 2008, Kazakhstan made a declaration under article 22 of the Convention against
Torture recognizing the competence of the Committee against Torture to receive and consider
communications from or on behalf of individuals subject to the jurisdiction of Kazakhstan who claim
to be victims of a violation by the State party of the provisions of the Convention.