ICCPR Case Digest
View Adopted: 2017.03.21
Zhaslan Suleimenov v. Kazakhstan
- Conditions of detention
- Freedom of thought, conscience and religion
- Prompt and impartial investigation
- Torture / ill-treatment
- Article 10
- Article 14
- Article 18
- Article 2.3
- Article 7
- Article 9
In this connection, the Committee notes that the State party is under an obligation to observe certain minimum standards of detention, which include the provision of medical care and treatment for sick prisoners, in accordance with rule 24 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). It is apparent from the author’s account that the pre-trial detention facilities, prisons and medical facilities where the author was held after the trial were not suited for a disabled person who is able to move only in a wheel-chair. The Committee further notes the author’s claims that he was left alone in his cell without any meaningful activities, which caused numerous bedsores on his body. The author could not move independently and was not provided with continuous assistance even for his most basic needs. The Committee further notes that despite several examinations by the penitentiary medical specialists, he was not able to receive medical treatment adequate to his condition, that he continued suffering from lack of specialised medical care and medicine that he needed. On the basis of the information before it, the Committee finds that confining the author in such conditions constitutes a violation of his right to be treated with humanity and with respect for the inherent dignity of the human person under article 10 (1) of the Covenant.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation of the author’s rights under article 7 read alone and in conjunction with article 2 (3), and article 10 (1) of the Covenant.