NGO leader was arrested for peacefully commemorating victims of ammunition violence- violation found

Facts

The author is a national of Kazakhstan who claims that the State party violated her rights under articles 14 (1)-(2) and (3) (e) and 19 of the Covenant. On 13 December 2012, the author’s request to organize a commemoration to place flowers was reviewed and the author was informed that there would be additional security measures in place, to avoid violations of public order. On the day of the event, the author was detained and convicted of an administrative violation under the State party’s domestic law, and thereafter, sentenced to 15 days of administrative arrest. She claims that the State party violated her rights under 14 (1) (2) and (3) (e) and 19 of the Covenant. The author’s appeal before the Almaty city court was rejected.

 

Admissibility

The Committee noted that the author’s petitions for supervisory review to the Prosecutor General were dismissed, and the State party failed to demonstrate that further appeals would have been an effective remedy. Accordingly, this part of the communication is admissible. The author failed to bring her claims under articles 14 (1)- (2) and (3) (e) in her appeal before the Almaty city court, and therefore, these claims are inadmissible. The author sufficiently substantiated her claim of violation under article 19 of the Covenant. It declares this part admissible.

Merits

The Committee notes that while claiming in a general manner that the restrictions on the freedom of expression authorized by its law are consistent with the wording of article 19 and that sanctions were imposed by national law, the State party has failed to substantiate the compatibility of the legal provisions which served as a basis for restricting the author’s freedom, of expression as stipulated in the third line of article 19.  The Committee finds that the State party failed to justify that the author’s 15-day administrative detention was necessary and proportionate to the legitimate aim pursued, as set out in article 19 (3) of the Covenant. Hence, the author’s rights under article 19 of the Covenant have been violated.

 

Recommendations

The State party is obligated, inter alia, to:

• provide the author with adequate compensation, including reimbursement for any legal costs incurred by her. 

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

 

Implementation

Deadline is 21st September 2021.

By Aakrishti Kumar