CCPR/C/119/D/2146/2012
author was transferred to a pretrial investigation centre in Astana. He spent two and a half
months in detention in a dark, bunker-type cell for prisoners convicted to life imprisonment
as part of an attempt to obtain a confession from him.
2.8
The author was accused of preparing to commit terrorist acts in the Russian
Federation. He allegedly formed a jamaat (an illegal religious group), held several meetings
at his place of residence with his acquaintances and showed films about executions of
Russian military officers, military operations in Caucasus and the alleged abuse of
authorities against peaceful population of Chechnya. The authorities also claimed that he
had instructed the participants of the meetings in making improvised explosive devices.
According to the investigation, a pneumatic weapon and ammunition were purchased on his
orders. He became the leader of the group and taught them religion and ideology, military
and intelligence skills, as well as how to find literature on religious subjects, including
through the Internet. He was also accused of persuading five of his acquaintances to travel
to the Russian Federation in order to join the illegal armed groups headed by the so-called
“Amir of Caucasian mujahidin”; 3 planned the itinerary, split them into two groups, who
travelled to the Russian Federation via different itineraries, bought two SIM-cards in order
to avoid telephone tapping and forbade them from calling home.
2.9
The author complained of torture at the time of his first interrogation, on 7 February
2009. He claims, however, that nine months passed and, by letter dated 20 November 2009,
the Investigation Department of the National Security Committee of Astana informed the
author of its refusal to open a criminal case regarding his complaint of torture, the decision
being upheld by the prosecutor’s office. During the court proceedings, the author and his
aunt petitioned on numerous occasions the prosecutor’s office and the court, claiming that
the criminal case was fabricated, that the author was subjected to ill-treatment and that his
arrest and detention were unlawful. He also requested on several occasions to be
hospitalized in view of his poor health, but none of these requests was granted.
2.10 On 30 November 2011, Court No. 2 of the Almatinsk district of Astana sentenced
the author and his brother to eight years’ imprisonment. On 11 December 2009, he filed an
appeal with the Astana City Court and, on 23 December 2009, supplemented his appeal. On
12 February 2010, the Astana City Court upheld the decision of the first instance court. The
author’s aunt submitted a cassation appeal on 24 February 2010, which was rejected on
ground that she was not the author’s legal representative. The author himself failed to
submit a cassation appeal. His applications for supervisory review were also unsuccessful.
2.11 The author claims that he has exhausted all domestic remedies. His failure to submit
a cassation appeal is explained by the fact that he did not receive the decision of the Astana
Court of 12 February 2010 immediately. According to article 420-1, paragraph 3, of the
Criminal Procedure Code, a cassation appeal may be lodged within 15 days of the date of
receipt of the decision of the appellate court. However, immediately after the deadline of 15
days expired, he was transferred, on 27 February 2010, to another prison located in a
different region of Kazakhstan and could not physically prepare and lodge a cassation
appeal. Moreover, in view of his legal ignorance and the absence of adequate legal aid
from State-appointed lawyers, he was unable to prepare such an appeal without assistance.
The complaint
3.1
The author claims that he was subjected to torture and ill-treatment by law
enforcement officers, in violation of article 7 of the Covenant. He claims that he was held
incommunicado and not allowed to receive visits from relatives. The author further claims
that he is also being subjected to ill-treatment in the prison facility where he is currently
detained. A complaint to that effect was submitted by his aunt to the prosecutor’s office on
12 September 2011.
3.2
The author further submits that his rights under article 9 have also been violated.
The court prolonged his detention repeatedly, ignoring his numerous requests to have the
detention changed to house arrest, owing to his disability and poor health, and that he
required special assistance. On 2 April 2009, the court extended his detention for a period
3
No further information has been provided.
3