CCPR/C/126/D/2356/2014
in conjunction with articles 2 (3), 9 (1)–(4), 10 (1) and 14 (1) and (3) (b) and (g), of the
Covenant, and Ms. Nazhmutdinova’s rights under article 7. The Optional Protocol entered
into force for the State party on 4 April 1999. The authors are represented by counsel.
The facts as submitted by the authors
2.1
On 3 September 2010, a car laden with explosives entered the courtyard of the
Sughd Regional Department for Combating Organized Crime of the Ministry of Internal
Affairs and exploded, killing the driver, considered to be a suicide bomber, and three
employees of the department. Some 26 other employees were injured, along with 5
bystanders.
2.2
That same day, the Sughd Regional Prosecutor’s Office initiated a criminal
investigation and forwarded the case to the investigation division of the Sughd Regional
Department of the State Committee for National Security. An investigation was carried out
for about nine months. As a result, 53 persons were indicted, including Mr. Ismanov. On 23
December 2011, the defendants were found guilty and sentenced to various prison terms,
from five years’ to life imprisonment. Mr. Ismanov himself was sentenced to eight years in
prison.
2.3
The authors claim that Mr. Ismanov was abducted by unknown persons from his
house on 3 November 2010. At the time of his initial arrest, he was not informed about any
charges against him. Between 3 and 12 November 2010, he was transferred several times to
various detention facilities. Neither his family nor his lawyer were informed of his
whereabouts. Ms. Nazhmutdinova claims that she thought that her husband would be killed
and that she would never see him again. She was not able to explain to her children what
had happened to their father. She was also told by her husband’s lawyer not to wear her
religious attire that she normally wore, since that would ��make his situation even worse”.
As a result, Ms. Nazhmutdinova suffered from suicidal thoughts and experienced severe
stress and shock.
2.4
On 12 November 2010, after 10 days in detention, Mr. Ismanov was finally brought
before a judge. His lawyer asked him to tell the judge about his mistreatment and torture at
the hands of the law enforcement officials. Mr. Ismanov showed the court the signs of
electrocution on his arms. He also stated that boiling water had been dumped on his head.
He showed the signs of beatings on his legs, which meant that he could barely walk, but the
judge told him to stop and refused to listen to him. Mr. Ismanov was also planning to tell
the judge that he had been left outside in the cold wearing only his underwear and that his
genitalia had started bleeding and that his head had been squeezed until he had lost
consciousness, but the court did not listen or consider his signs of torture. His lawyer filed a
motion to request a medical examination, which was denied by the judge, who advised
instead to petition the investigator to have such an examination conducted.
2.5
The lawyer also filed a complaint regarding Mr. Ismanov’s conditions of detention
and mistreatment, which was rejected by the Sughd Regional Criminal Court on 29
November 2010. In total, Mr. Ismanov was kept in pretrial detention for nine months,
during which time he was held in conditions contrary to the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).
2.6
Mr. Ismanov also claims that, during these nine months, he was denied adequate
time to meet with his lawyers. For example, on 8 January 2011, the court decided to extend
his detention until 1 April 2011. His lawyer was present, but was prevented from
communicating with him. When Mr. Ismanov was asked by his lawyer whether he had been
tortured, the prosecutor interrupted them. During the next pretrial detention hearing, which
was held on 25 March 2011, Mr. Ismanov was present, but not his lawyer. In addition,
during these hearings, the court failed to examine the lawfulness of the detention itself.
2.7
As a result of the torture and mistreatment that he suffered, Mr. Ismanov’s health
deteriorated significantly. On a number of occasions, he was denied proper health care.
Before his arrest, Mr. Ismanov was a healthy person. During his detention, he suffered from
lung infections, bruises, pneumonia, bronchial asthma and other conditions. He never
received adequate medical care and the only medications he received were provided by his
family.
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