ICCPR Case Digest

CCPR/C/120/D/2435/2014

Communication

2435/2014

Submission: 2012.05.07

View Adopted: 2017.07.28

Fakhridin Ashirov v. Kyrgyzstan

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Fair trial
  • Non-discrimination
  • Torture / ill-treatment
Relevant Articles
  • Article 14.1
  • Article 14.3 (e)
  • Article 14.3 (g)
  • Article 2.3
  • Article 26
  • Article 7
  • Article 9.1
  • Article 9.3
  • Article 9.4
Violations

Recommendations

In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated, inter alia, to take appropriate steps to

(a) quash the author’s conviction, release the author, and if necessary, conduct a new trial, in accordance with the principles of fair hearings, presumption of innocence and other procedural safeguards;

(b) conduct a prompt and impartial investigation into the author’s allegations of torture; and

(c) provide the author with adequate compensation.

The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

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CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

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CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

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