CCPR/C/124/D/2892/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
18 December 2018
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2892/2016*, **, ***
Communication submitted by:
Marat Abdiev (represented by counsel, Rysbek
Adamaliev)
Alleged victims:
The author
State party:
Kyrgyzstan
Date of communication:
23 June 2016 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 15 June 2016 (not issued in
document form)
Date of adoption of Views:
17 October 2018
Subject matters:
Extraction of confession under torture by police;
lack of effective investigation of allegations of
torture
Procedural issues:
Exhaustion of domestic remedies; substantiation
of claims
Substantive issues:
Torture; torture – prompt and impartial
investigation; forced confession
Articles of the Covenant:
2 (3), 7 and 14 (3) (g)
Articles of the Optional Protocol:
3 and 5 (2) (b)
1.
The author of the communication is Marat Abdiev, a citizen of Kazakhstan born in
1976. He is currently serving a prison sentence in Kyrgyzstan. The author claims that the
State party violated his rights under article 7, read alone and in conjunction with article 2
(3), and article 14 (3) (g) of the Covenant. The Optional Protocol entered into force for
Kyrgyzstan on 7 January 1995. The author is represented by counsel.
* Adopted by the Committee at its 124th session (8 October–2 November 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin Fathalla, Olivier de
Frouville, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini
Pazartzis, Mauro Politi, José Manuel Santos Pais, Yuval Shany, Margo Waterval and Andreas B.
Zimmermann.
*** An individual opinion by Committee member José Manuel Santos Pais (dissenting) is annexed to the
present Views.
GE.18-22074(E)