CCPR/C/115/D/2304/2013
Annex
Views of the Human Rights Committee under article 5 (4) of
the Optional Protocol to the International Covenant on Civil
and Political rights (115th session)
concerning
Communication No. 2304/2013*
Submitted by:
Dzhakishev Mukhtar (represented by counsel
from Grosvenor Law)
Alleged victim:
Dzhakishev Mukhtar
State party:
Kazakhstan
Date of communication:
9 July 2013 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 6 November 2015,
Having concluded its consideration of communication No. 2304/2013, submitted to
it by Dzhakishev Mukhtar under the Optional Protocol to the International Covenant on
Civil and Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5 (4) of the Optional Protocol
1.1
The author of the communication is Dzhakishev Mukhtar, a Kazakh national born on
28 June 1963 who is currently serving a 14-year prison sentence in Kazakhstan after having
been convicted for embezzlement, bribery and fraud. The author claims that he is a victim
of violations by Kazakhstan of articles 6 (1), 7, 9 (1-5), 10 (1) and 14 (1), (2) and (3) (a),
(b), (d) and (e) of the Covenant. The Optional Protocol entered into force for Kazakhstan on
30 September 2009. The author is represented by counsel from Grosvenor Law.
1.2
On 26 March 2014, the Committee, pursuant to rule 92 of its rules of procedure and
acting through its Special Rapporteur on new communications and interim measures,
requested that the State party take all measures necessary to protect Mr. Dzhakishev’s
* The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla, Olivier
de Frouville, Yuji Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir
Nigel Rodley, Víctor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Anja Seibert-Fohr, Yuval
Shany, Konstantine Vardzelashvili and Margo Waterval.
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