CCPR/C/113/D/2054/2011
Annex
Views of the Human Rights Committee under article 5 (4) of
the Optional Protocol to the International Covenant on Civil
and Political Rights (113th session)
concerning
Communication No. 2054/2011*
Submitted by:
Mamatkarim Ernazarov (represented by
counsel, Saidkamal Akhmedov)
Alleged victim:
Rakhmonberdi Ernazarov (the author’s
brother, deceased)
State party:
Kyrgyzstan
Date of communication:
11 March 2011 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 25 March 2015,
Having concluded its consideration of communication No. 2054/2011, submitted to
the Human Rights Committee by Mamatkarim Ernazarov 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.
The author of the communication is Mamatkarim Ernazarov, a national of
Kyrgyzstan, born on 2 July 1967. The communication is presented on behalf of the author’s
brother, Rakhmonberdi Ernazarov (deceased). The author claims that his brother’s rights
under articles 6 (1) and 7, read alone and in conjunction with article 2 (3) of the Covenant,
were violated.1 The author is represented by counsel.
The facts as presented by the author
2.1
The author’s brother was arrested on 4 November 2005, as a result of a complaint
that he had committed forced sodomy against the father of his former girlfriend. He was
* The following members of the Committee participated in the consideration of the present
1
2
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville, Yuji
Iwasawa, Ivana Jelić, Duncan Muhumuza Laki, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley,
Victor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall B. Seetulsingh, Anja SeibertFohr, Yuval Shany, Konstantine Vardzelashvili and Margo Waterval.
The Optional Protocol entered into force for Kyrgyzstan on 7 January 1995.