Toktakunov v. Kyrgyzstan

Reference: CCPR/C/101/D/1470/2006

Decision Year: 2011-03-28

Information Source: Bureau of Human Rights and Rule of Law (national NGO); Mr. Iskandarov (the victim’s son)

According to the Victim or his/her Counsel:

The State has not recognized the Committee’s decision; neither translated it or published it. The victim’s family translated the decision into local language and made it published on several local newspapers. The family also handed the decision to some governmental organs, but has not yet received any response. There has been no retrial or release of the victim, who is still in prison No.7 located in Dushanbe city. The victim appears to be in good health, though his family considers that he needs constant health care due to his age (of almost 60 years old).
The domestic law of Tajikistan allows frequent family visits to prisoners. However the victim’s relatives have very limited access to the victim (totally four times during last year), especially after the decision of the Committee has been publically known. The family also confronts some difficulties in getting the signature of the victim when they need him to sign some documentation. Lawyers are not allowed to visit the victim due to domestic procedural requirements. In addition, the access to the victim by other persons is also restricted. For example, when a journalist from Asia Plus news paper visited him in November, the journalist was not allowed to talk with the victim. ?  After the decision of the Committee was publically known, the prisoner was deprived of prison tasks, and was under threats of physical harm if he or his lawyer continues to work on his case.

Related Articles:

  • Article 14.1 Article 19.2 Article 19.3

Keywords:

  • Fair hearing Freedom of expression

Full Case:

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

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