ICCPR Case Digest

CCPR/C/122/D/2252/2013

Submission: 2013.04.09

View Adopted: 2018.04.06

Annadurdy Khadzhiyev & Ogulsapar Muradova v. Turkmenistan

Substantive Issues
  • Arbitrary arrest
  • Arbitrary detention
  • Fair trial
  • Preparation of defence
  • Presumption of innocence
  • Prompt and impartial investigation
  • Right to appeal
  • Right to legal assistance
  • Torture / ill-treatment
Relevant Articles
  • Article 14.1
  • Article 14.2
  • Article 14.3 (b)
  • Article 14.3 (d)
  • Article 14.5
  • Article 19
  • Article 6.1
  • Article 7
  • Article 9.1
  • Article 9.3
Violations

Merits

The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the facts before it disclose a violation by the State party of articles 6 (1) and 7, read alone and in conjunction with articles 2 (3); 9 (1) and (3); 14 (1), (2) and (5); and 19, with regard to Ms. Muradova. The Committee further concluded that the State party violated the author’s rights under article 7, read separately and in conjunction with article 2 (3), of the Covenant

Recommendations

The State party is obligated to, inter alia, take appropriate steps to:

  • Conduct a thorough, prompt and impartial investigation into Ms. Muradova’s arbitrary arrest and detention, torture and death in custody, including, if necessary, by creating an independent commission of inquiry
  • Provide full redress to the author and other family members of Ms. Muradova, including adequate compensation and other measures of satisfaction, including rehabilitation for the name of Ms. Muradova, for the violations of her rights
  •  Provide all information regarding the investigation, including the findings of the autopsy, if one was conducted, and copies of trial transcripts and the court judgment to her lawyer and the family members.
  • Take all steps necessary to prevent similar violations from occurring in the future

Implementation

The Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views

 

DATE: 6 OCTOBER 2018

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