CCPR/C/116/D/2078/2011
mechanism created by the new President. Despite his efforts to exhaust domestic remedies,
his complaints remained unanswered. The author also requested the President on several
occasions to consider his case for amnesty. However, he has not benefited from any
amnesty acts that were adopted over the years. In February and April 2009, the author again
submitted a motion to the President requesting a review of his criminal case and a
presidential pardon, but received no answer. The author therefore claims that all domestic
remedies have been exhausted.2
The complaint
3.1
The author claims that he is innocent. His guilt was not established by the
investigators or by the court, since no incriminating facts or evidence were collected, except
for several bullets that were planted on him by the police. The author also claims that his
arrest and detention on 17 June 2006 were unlawful. Accordingly, the author contends that
his arrest amounted to a violation of article 9 (1) of the Covenant.
3.2
He further claims to be a victim of a violation of his right to a fair trial by a
competent, independent and impartial tribunal. He submits that, although the judge declared
the trial public, none of his friends or relatives or members of NGOs were allowed in the
courtroom; representatives of foreign embassies were also prevented from attending the
trial. Pressure was exerted on the author and his lawyer in order to obtain a confession of
guilt. The trial was interrupted a number of times because the judge “needed to consult his
superiors”. None of the witnesses for the prosecution identified the author as the perpetrator
of the crime. None of the witnesses for the defence were notified of the date of the trial or
summoned to testify. During the trial, the lawyer’s repeated requests to call and question
witnesses and have their testimonies adduced were rejected by the court, without
justification. The author was sentenced to seven years of imprisonment, and he claims that
his conviction was ordered directly by the President and the Minister of National Security.
In his view, these facts disclose a violation of his rights under article 14 (1) and (3) of the
Covenant.
3.3
The author submits that he was detained in inhuman and degrading conditions, in
violation of articles 7 and 10 (1) and (2). His cell measured 6 m2 and accommodated 11
prisoners. He was denied the right to receive parcels of food, clothes and hygiene items
from his family. He further states that it was humiliating to ask the prison guard to open the
cell door to allow him to use the toilet. In the summer, when temperatures in the cell
reached 50o C, he became extremely thirsty. The author also claims that during his arrest he
was under constant pressure, including psychological pressure, to compel him to confess.
Officials denied him access to his lawyer on the pretext that the latter was very busy or was
sick. The author also claims that he was exposed to physical abuse: he was tormented by
hunger and thirst, was threatened and had psychotropic substances administered against his
will. He was also denied care for his medical conditions, which became worse. He claims
that he was denied the right to family visits, to correspondence and to receive parcels for
two years. He is still being denied the right to receive any outside information by way of
the print press or television, and claims that he is still subjected to inhuman and degrading
treatment on a daily basis.
2
The author has not provided any supporting documents verifying that he has exhausted domestic
remedies (i.e., no copies of his complaints or of court decisions). He explains that it is not possible to
obtain such documents from the authorities. His counsel confirms that the courts in Turkmenistan
refuse to give any documents pertaining to the author’s case to his counsel or his relatives.
3