CAT/C/52/D/475/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (fifty-second session)
concerning
Communication No. 475/2011
Submitted by:
Mumin Nasirov (represented by counsel,
Irina Sokolova)
Alleged victim:
The complainant’s brother, Sobir Nasirov
State party:
Kazakhstan
Date of complaint:
26 August 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 May 2014,
Having concluded its consideration of complaint No. 475/2011, submitted to the
Committee against Torture by Mumin Nasirov on behalf of his brother, Sobir Nasirov,
under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Having taken into account all information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Mumin Nasirov, a national of Uzbekistan. He submits the
communication on behalf of his brother, Sobir Nasirov, a national of Uzbekistan, born on
10 June 1972. At the time of submission, the complainant’s brother was detained
incommunicado in a pretrial detention centre of the Ministry of Internal Affairs in Uralsk,
Kazakhstan, where he was awaiting extradition to Uzbekistan. The complainant alleges that
extraditing his brother to Uzbekistan would violate his brother’s rights under articles 3, 6
and 7 of the Convention against Torture. The complainant is represented by counsel, Irina
Sokolova.
1.2
On 26 August 2011, in application of rule 114, paragraph 1, (former rule 108,
paragraph 1) of its rules of procedure (CAT/C/3/Rev.5), the Committee requested the State
party not to extradite the complainant’s brother to Uzbekistan while the communication
was being considered by the Committee.
The facts as presented by the complainant
2.1
The complainant submits that, on 24 July 2011, at around 3.30 p.m., his brother was
arrested by representatives of the border police of the Republic of Kazakhstan while he was
2