CCPR/C/115/D/2222/2012
Annex
Views of the Human Rights Committee under article 5 (4) of
the Optional Protocol to the International Covenant on Civil
and Political Rights (115th session)
concerning
Communication No. 2222/2012*
Submitted by:
Ahmet Hudaybergenov (represented by counsel,
Shane H. Brady)
Alleged victim:
The author
State party:
Turkmenistan
Date of communication:
3 September 2012 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 29 October 2015,
Having concluded its consideration of communication No. 2222/2012, submitted to
it on behalf of Ahmet Hudaybergenov under the Optional Protocol to the International
Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5 (4) of the Optional Protocol
1.1
The author of the communication is Ahmet Hudaybergenov, a national of
Turkmenistan, born in 1990. He claims that the State party has violated his rights under
articles 7 and 18 (1) of the Covenant. Although the author does not invoke this provision
specifically, the communication also appears to raise issues under article 10 of the
Covenant. The Optional Protocol entered into force for Turkmenistan on 1 August 1997.
The author is represented by counsel, Shane H. Brady.
1.2
In his initial submission, the author requested that the Committee seek assurances
from the State party as an interim measure that it would not subject him to a second round
of criminal prosecution until the Committee had dealt with the communication. On
* The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla, Olivier
de Frouville, Yuji Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir
Nigel Rodley, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval Shany,
Konstantine Vardzelashvili and Margo Waterval.
The text of a joint opinion of Committee members Yuji Iwasawa, Anja Seibert-Fohr, Yuval Shany
and Konstantine Vardzelashvili (concurring) is appended to the present Views.
2