Transport of disabled person for 15 hours with food, water, or consideration of condition violates Covenant

Facts

The author is Aleksandr Povstyuk, a national of Ukraine who is disabled. The author was arrested under the pretext of a noise complaint and interrogated in connection with various allegations. He was transported for 15 hours without a break and was placed in pretrial detention. He claims that he received inadequate medical treatment, inadequate food, and was placed in uncomfortable conditions. The authorities claimed that the author had been given adequate medical treatment but thereafter had refused medical treatment. The author claims that the investigative authorities falsified evidence, pointing out inconsistencies in the victim and witness statements. He was convicted by the court and his appeals were denied. He claims that Kazakhstan violated his rights under article 7 relating to the prohibition of torture or other cruel, inhuman, or degrading treatment or punishment, read alone and in conjunction with articles 2 (3), and articles 9 (1), (3) and (4) and 14 (1) and (3) (d) and (e) of the Covenant.

Admissibility

The author failed to substantiate claims under article (9) (1) regarding pressure to plead guilty. The author’s article (9) (4) claim regarding placement in pretrial detention is inadmissible because the author does not claim that its review was unduly delayed. The author failed to substantiate claims under articles 14 (3) (d) and (e).

Merits

The Committee found the State party’s decision to transport the author for fifteen hours without a break, food or water, or consideration of his medical condition constituted a violation of article 7 of the Covenant. The State party did not fail to conform to minimum standards with regard to the medical treatment provided to the author during his pretrial detention. The State party’s hasty arrest of the author unjustifiably created conditions that prevented him from accessing counsel of his choice, violating article 9 (1). The State party failed to adequately weigh the necessity of the author’s pretrial detention in violation of articles 9 (1) and (3) of the Covenant. The State party violated article 14 (1) by upholding his convictions without duly examining the case file or the author’s allegations.

Recommendations

The State party should, inter alia, take appropriate steps to:

a) Consider immediately releasing the author, to quash the author’s conviction and, if necessary, to conduct a new trial, in accordance with the principles of a fair hearing, the presumption of innocence and other procedural safeguards;

b) Conduct a prompt investigation that is effective, thorough, impartial, independent and transparent into the inhuman and cruel treatment of the author, his arbitrary arrest and pretrial detention as well as into the alleged falsification of evidence and pressuring of witnesses to testify falsely against him by the investigators;

c) Prosecute, try and punish those responsible for the violations committed; and d) Award the author comprehensive compensation and to provide him with appropriate medical and psychological rehabilitation.

Implementation

Deadline for implementation: 8 January 2024