CCPR/C/132/D/3038/2017

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
7 December 2021
Original: English

Advance unedited version

Human Rights Committee

Decision adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
3038/2017*,**
Communication submitted by:

A. L. (represented by counsel, Lyudmila
Romanenko)

Alleged victims:

The author

State party:

The Russian Federation

Date of communication:

14 February 2017 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 10 November 2017 (not issued
in document form)

Date of adoption of decision:

23 July 2021

Subject matter:

Unlawful arrest and torture of the author
followed by an unfair trial

Procedural issue:

Exhaustion of domestic remedies

Substantive issues:

Arbitrary arrest-detention, torture; cruel,
inhuman or degrading treatment or punishment;
fair trial, fair trial - witnesses

Articles of the Covenant:

7, 9(1-5), 14(1), 14(3)(e)

Articles of the Optional Protocol:

2, 5 (2) (b)

1.
The author is A. L., a citizen of the Russian Federation born in 1971. He claims to be
a victim of violation, by the Russian Federation, of his rights under articles 7, 9 (1-5); 14 (1)
and 14 (3) (e) of the International Covenant on Civil and Political Rights. The Optional
Protocol entered into force for the Russian Federation on 1 January 1992. The author is
represented by counsel.
The facts as submitted by the author
2.1
The author submits that he has been arrested by the police on 12 December 2013 and
kept in a temporary detention centre until 20 December 2013, when he was charged with
murder. During this period, he has been subjected to psychological and physical pressure, to
* Adopted by the Committee at its 132nd session (28 June – 23 July 2021).
** The following members of the Committee participated in the examination of the present
communication: Tania Abdo Rocholl, Wafaa Ashraf Moharram Bassim, Yadh Ben Achour, Arif
Bulkan, Mahjoub El Haiba, Shuichi Furuya, Kobauyah Tchamdja Kpatcha, Carlos Gómez Martinez,
Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada, Vasilka Sancin, José Manuel Santos
Pais, Changrok Soh, Hélène Tigroudja and Gentian Zyberi.

Select target paragraph3