CCPR/C/126/D/2356/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
6 November 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2356/2014*, **, ***
Communication submitted by:
Ilkhom Ismanov and Zarina Nazhmutdinova
(represented by counsel, Tatyana Khatyukhina)
Alleged victims:
The authors
State party:
Tajikistan
Date of communication:
5 November 2012 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure (now rule 92),
transmitted to the State party on 17 March 2014
(not issued in document form)
Date of adoption of Views:
5 July 2019
Subject matter:
Unlawful detention; torture; mistreatment; unfair
trial
Procedural issues:
None
Substantive issues:
Arbitrary arrest and detention; incommunicado
detention; fair trial; fair trial – legal assistance;
fair trial – adequate time and facilities; torture;
prompt and impartial investigation; conditions of
detention; access to court
Articles of the Covenant:
7, read alone and in conjunction with 2 (3), 9
(1)–(4), 10 (1) and 14 (1) and (3) (b) and (g)
Articles of the Optional Protocol:
None
1.
The authors of the communication are Ilkhom Ismanov and Zarina Nazhmutdinova,
both nationals of Tajikistan born in 1978 and 1982, respectively. The authors are married.
They claim that the State party violated Mr. Ismanov’s rights under article 7, read alone and
* Adopted by the Committee at its 126th session (1−26 July 2019).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Arif Bulkan, Ahmed Amin
Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Duncan Laki Muhumuza, Photini
Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène
Tigroudja, Andreas Zimmermann and Gentian Zyberi.
*** An individual opinion by Committee member Vasilka Sancin (partly dissenting) is annexed to the
present Views.
GE.19-19173(E)