Sharifova and ors v. Tajikistan
Human Rights Committee
Communications No. 1209/2003, 1231/2003 and 1241/2004
1 April 2008
International Covenant on Civil and Political Rights (ICCPR): Art. 7 (prohibition on torture and cruel, inhuman or degrading punishment), Art. 9 (right to liberty and security), Art. 10 (right to dignity), Art. 14 (right to a fair trial)
Communications were submitted on behalf of five victims, two of whom were under age 18 at the time of their arrest, alleging unlawful arrest, torture, unfair trials, and unjustified deprivation of liberty. Tajikistan failed to either investigate these allegations or to submit documents for the Committee’s consideration contesting the victims’ claims. In light of this, the Committee found violations of the victims’ right to be free from torture, right to a fair trial, and right to be treated with dignity in situations of deprivation of liberty.
In particular, the Committee noted that the two victims who were minors faced violations of the special rights and protections they should have been accorded throughout the criminal process, namely: being informed directly of the charges against them and, if appropriate, through their parents or legal guardians, being provided with appropriate assistance in the preparation and presentation of their defence.
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