CCPR/C/119/D/2125/2011 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: Kazakhstan 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 temporis 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) 1. 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. GE.17-07870(E) 

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