United Nations

International Covenant on
Civil and Political Rights

Distr.: General
16 May 2017
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2125/2011*, **
Communication submitted by:

Dmitry Tyan (represented by his wife Irina Khan,
and by Anara Ibrayeva, the Kazakhstan
International Bureau for Human Rights and Rule
of Law)

Alleged victim:

Dmitry Tyan

State party:


Date of communication:

1 April 2011 (initial submission)

Document references:

Decision taken pursuant to rule 97, of the
Committee’s rules of procedure, transmitted to
the State party on 22 December 2011 (not issued
in document form)

Date of adoption of Views:

16 March 2017

Subject matter:

Right not to be subjected to torture or to cruel,
inhuman or degrading treatment; arbitrary arrest
and detention; conditions of detention; fair trial

Procedural issues:

Substantiation of claims; admissibility ratione

Substantive issues:

Torture; prompt and impartial investigation;
arbitrary arrest and detention; fair trial; legal
assistance; right to be tried in one’s presence

Articles of the Covenant:

2 (3), 7, 9, 10 and 14

Articles of the Optional Protocol:

2 and 5 (2) (b)

The author is Dmitry Tyan, a national of Kazakhstan born in 1972, currently serving
a sentence in the correction facility UK-161/2 in Kostanai region in Kazakhstan. He claims
that Kazakhstan has violated his rights under articles 2 (3), 7, 9, 10 and 14 of the Covenant.

* 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: Tanía Maria 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 Muhumuza Laki, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Yuval
Shany and Margo Waterval.



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