CCPR/C/119/D/2842/2016

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
28 April 2017
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2842/2016*, **
Communication submitted by:

S.Sh. (not represented by counsel)

Alleged victims:

I.Sh., S.Sh. and E.Sh.

State party:

Kazakhstan

Date of communication:

23 June 2016 (initial submission)

Date of adoption of decision:

28 March 2017

Subject matter:

Fair trial, torture, unlawful detention,
discrimination, privacy, voting and elections

Procedural issues:

Exhaustion of domestic remedies, substantiation
of claims, admissibility ratione temporis

Substantive issues:

Fair trial, torture, unlawful detention

Articles of the Covenant:

2 (1) and (3) (a, b and c); 7; 8 (3) (a); 9 (1-5); 10
(1), (2) (a) and (3); 14 (1-3 (a-g), (5) and (6); 15
(1 and 2); 17 (1 and 2); 25 (b) and 26

Articles of the Optional Protocol:

2 and 5 (2) (b)

1.1
The author of the communication is S.Sh., a citizen of Kazakhstan. He submits the
communication on his own behalf and on behalf of his sons I. and E. He claims that
Kazakhstan violated the rights of I. under articles 2 (1) and (3) (a, b and c); 7; 8 (3) (a); 9
(1-5); 10 (1), (2) (a) and (3); 14 (1-3 (a-g), (5) and (6); 15 (1) and (2); 17 (1) and (2); 25 (b)
and 26 of the Covenant. He also claims a violation of his own rights and the rights of E.
under articles 2 (1) and (3) (a, b and c); 7; 9 (1), (2), (4) and (5); 10 (1); 14 (1) and (5); 15
(2); 17 (1) and (2) and 26 of the Covenant. The Optional Protocol entered into force for
Kazakhstan on 30 September 2009.
1.2
On 5 September 2016, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided not to grant the author’s request for
protection measures for himself and for I.

* Adopted by the Committee at its 119th session (6-29 March 2017).
** The following members of the Committee participated in the examination of the present
communication: Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland,
Ahmed Amin Fathalla, Olivier de Frouville, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Marcia
V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Anja
Seibert-Fohr, Yuval Shany and Margo Waterval.
GE.17-06853 (E)

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