CCPR/C/113/D/2079/2011
Annex
Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political rights (113th session)
concerning
Communication No. 2079/2011*
Submitted by:
Sapardurdy Khadzhiev (represented by counsel,
Timur Misrikhanov)
Alleged victim:
The author
State party:
Turkmenistan
Date of communication:
27 May 2009 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 1 April 2015,
Having concluded its consideration of communication No. 2079/2011, submitted to
the Human Rights Committee by Sapardurdy Khadzhiev, 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, paragraph 4, of the Optional Protocol
1.
The author of the communication is Sapardurdy Khadzhiev, a Turkmen national
born in 1959. He claims to be a victim of a violation, by Turkmenistan, of his rights under
article 7; article 9, paragraph 1; article 10, paragraph 1; article 14, paragraphs 1 and 3 (e)
and (g); and article 17, paragraph 1, of the International Covenant on Civil and Political
Rights. The Optional Protocol entered into force for Turkmenistan on 1 August 1997. The
author is represented by counsel, Timur Misrikhanov.
The facts as submitted by the author
2.1
On 16 June 2006, Sapardurdy Khadzhiev was unlawfully apprehended by officials
of the Investigations Unit of the Ministry of National Security of Turkmenistan and taken to
the Ministry detention centre. He claims that his arrest was officially recorded only on 18
* The following members of the Committee participated in the examination of the present
communication: Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville, Yuji Iwasawa, Ivana Jelić,
Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley, Víctor Manuel
Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval Shany,
Konstantine Vardzelashvili and Margo Waterval.
2