ICCPR Case Digest

CCPR/C/125/D/2322/2013

Communication

2322/2013

Submission: 2013.12.10

View Adopted: 2019.03.15

Vladimir Chernev v. Russian Federation

Beatings constituting inhuman and degrading treatment in Russia, violation on the substance and failure to conduct an investigation

Substantive Issues
  • Effective remedy
  • Torture / ill-treatment
Relevant Articles
  • Article 2 - OP1
  • Article 2.3
  • Article 5.2 (b) - OP1
  • Article 7
Full Text

Facts

The author is a national of the Russian Federation who claimed the state party has violated his rights under article 7, read alone and in conjunction with article 2(3) of the Covenant. 

The author claimed he was arrested in the village of Vyazovka, Kstovo district, Nizhegorodsky region in June 2007. During the arrest he was punched and kicked in the head by several police officer, which caused him to lose consciousness several times. Following this, he was given a bottle of water and told to wash the blood from his face. The author was later placed in pre-trial detention where he was interrogated by prosecution. He was later charged and found guilty of illegal trafficking of drugs. 

Complaint

The author claimed the assault by police at the time of his arrest and the failure of state party autorities to conduct an investigation into his complaints of cruel, inhuman or degrading treatment constitute a violation of article 7, read alone and in conjunction with article 2 (3) (a), of the Covenant.

For more information, see: https://www.pytkam.net/en/news/un-human-rights-committee-acknowledged-violation-rights-citizen-nizhny-novgorod-who-was-beaten.

Merits

The Committee noted that no information provided allows it to conclude that the investigation into the allegations of the author’s cruel and inhuman treatment was carried out promptly or effectively by the authorities. Therefore, the Committee found a violation of the author’s rights under article 7, read in conjunction with article 2 (3) (a), of the Covenant

Recommendations

Pursuant to article 2(3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy, including making full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated to:

  • provide Vladimir Chernev with full compensation for the violations suffered.
  • take all steps necessary to prevent similar violations from occurring in the future.
  • publish the present views of the Committee in the official language of the state party.

Implementation

The Committee requested that the state party provide an update outlining measures taken to give effect to the Committee's views within 180 days, or prior to 15 September 2019.

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