CCPR/C/115/D/2221/2012
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. 2221/2012*
Submitted by:
Mahmud Hudaybergenov (represented
by counsel)
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. 2221/2012, submitted to
it on behalf of Mahmud 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 Mahmud Hudaybergenov, a Turkmen national
born on 29 January 1990 in Dashoguz, Turkmenistan. He claims to be victim of a violation
of his rights under articles 7 and 18 (1) of the Covenant. Although the author did not invoke
article 10 of the Covenant specifically, the communication also appears to raise issues
under this provision. The Covenant and the Optional Protocol entered into force for the
State party on 1 May 1997. The author is represented by counsel, Shane H. Brady.
1.2
In his initial submission, the author requested that the Committee request the State
party as an “interim measure” to release him immediately pending the examination of his
complaint by the Committee. On 7 December 2012, the Committee, acting through its
* 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, Víctor Manuel Rodríguez-Rescia, 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