CCPR/C/130/D/2866/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
11 March 2021
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning communication
No. 2866/2016*, **
Communication submitted by:
Banyusha Khalykovna Rezazade (represented by
counsel, Rysbek Adamaliyev, of Human Rights
Protection Centre “Kylym Shamy”)
Alleged victim:
Firuzkhan Fiziyev (deceased)
State party:
Kyrgyzstan
Date of communication:
23 June 2016 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 23 November 2016 (not issued
in document form)
Date of adoption of Views:
6 November 2020
Subject matter:
Torture and death in police custody
Procedural issue:
Substantiation of claims
Substantive issues:
Right to life; prohibition of torture; right to an
effective remedy
Articles of the Covenant:
2 (3), 6 (1) and 7
Article of the Optional Protocol:
2
1.
The author is Banyusha Khalykovna Rezazade, sister of the deceased, Firuzkhan
Fiziyev, born in 1976. She claims that Kyrgyzstan violated her brother’s rights under articles
6 and 7, read alone and in conjunction with article 2 (3), of the Covenant. The Optional
Protocol entered into force for Kyrgyzstan on 7 January 1995. The author is represented by
counsel.
Facts as submitted by the author
2.1
On 29 July 2011, Mr. Fiziyev, his friend U.I. and the friend’s son U.T. were arrested
by the officers of the State Committee for National Security when they tried to escape a
search being undertaken in the office of Mr. Fiziyev. U.I. and U.T. were taken to the office
* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl ,Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Shuichi,
Christof Heyns, Bamariam Koita, David H. Moore, Duncan Laki Muhumuza, Photini Pazartzis,
Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja,
Andreas Zimmermann and Gentian Zyberi.
GE.21-03335(E)