CCPR/C/116/D/2078/2011

1.
The author of the communication is Annakurban Amanklychev, a national of
Turkmenistan born in 1971. He claims that the State party violated his rights under articles
2 (3) (b), 7, 9 (1), 10 (1) and (2), 14 (1) and (3) and 17 (1) of the Covenant. The Optional
Protocol entered into force for the State party on 1 August 1997. The author is represented
by counsel, Timur Misrikhanov.
The facts as submitted by the author
2.1
The author claims that he was unlawfully arrested by agents of the Ministry of
National Security of Turkmenistan and put in the Ministry’s detention centre. Although he
was apprehended on 17 June 2006, his arrest was formally registered only on 21 June, when
he was also officially charged with a crime. Thus, he was unlawfully detained for four days.
He also claims that a lawyer was assigned to his case only on 21 June 2006, in violation of
the provisions of the Criminal Procedure Code of Turkmenistan; that he was denied the
right to meet his lawyer and to have legal assistance for more than a month, with no
explanation; and that the investigator informed his family about the arrest only on 21 June
2006. Having no news of his whereabouts in the meantime, his family turned to different
law enforcement bodies in belief that the author had gone missing.
2.2
The author claims that the reason for his arrest was his active participation in the
work of non-governmental organizations (NGOs) and his activities as a human rights
defender, specifically the assistance he provided to international journalists1 in preparing
reports about social life in Turkmenistan. The authorities had followed his work as a human
rights defender closely long before his arrest and waited for an appropriate occasion to
arrest him.
2.3
The author was arrested and charged with illegal acquisition, sale, storage,
transportation, transfer, transmittal or carrying of firearms, ammunition, explosives or
explosive devices committed by a group of individuals under article 287, paragraph 2, of
the Criminal Code. During his unlawful detention, for a period of five days he was
described on television and in media articles as being guilty of espionage. Before his trial,
mass media again disseminated information portraying the author as an agent of foreign
intelligence services.
2.4
The author further submits that opposition activists Sapardurdy Khadzhiev and
Ogulsapar Muradova were also unlawfully arrested in the context of the same criminal
case. They were threatened and forced to make defamatory statements about the author. In
fact, his whole family was subjected to persecution. He submits that he is innocent and that
agents of the Ministry of National Security planted bullets from a firearm in his car and
subsequently “seized” them during a car search. The investigator repeatedly demanded that
the author appear on television and publicly repudiate Mr. Khadzhiev and Ms. Muradova
and defame other well-known opposition activists living abroad.
2.5
The author filed complaints with the investigative bodies of the Ministry of National
Security and the Prosecutor’s Office which, according to the law, is mandated to supervise
the enforcement of laws in Turkmenistan. He also lodged complaints with domestic courts.
The author was found guilty as charged and sentenced to seven years of imprisonment.
After the first instance court had rendered its judgment, on 30 August 2006, the author
appealed his sentence to the Supreme Court of Turkmenistan, to no avail.
2.6
He then submitted a motion to the President of Turkmenistan and to the ProsecutorGeneral’s Office. In February 2007, he complained to the Commission on the examination
of citizens’ petitions on the activity of the law enforcement bodies, a new complaint
1

2

In particular, to a reporter for BBC and a French journalist for Galaxie Presse.

Select target paragraph3