L. G. v. Uzbekistan

The author of the communication is L. G., an Uzbek national born in 1961. She submits the communication on behalf of her son, N. G., an Uzbek national born in 1979, who at the time of submission of the communication was on death row, following a death sentence imposed by the Tashkent City Court on 29 March 2001. The author claims that her son is a victim of violation, by Uzbekistan, of his rights under articles 6; 9; 10; 14; 15; and 16, of the International Covenant on Civil and Political Rights. The author is unrepresented by counsel.

The author claims a violation of her son’s rights under articles 6; 9; 10; 14; 15; and 16, of the Covenant.

Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant.

The Committee notes, as required by article 5, paragraph 2 (a) and (b), of the Optional Protocol, that the same matter is not being examined under any other international procedure of investigation or settlement, and that it is uncontested that domestic remedies have been exhausted.

The Committee has noted the author's claims that her son's rights under articles 9, 10, 15, and 16 of the Covenant have been violated. However, she does not provide any information to substantiate her claims. In the absence of any other pertinent information in this respect, this part of the communication is deemed inadmissible, as insufficiently substantiated for purposes of admissibility, under article 2 of the Optional Protocol.

The Committee has noted that the author's allegations about the manner in which the courts handled her son's case, assessed evidence, qualified his acts, and determined his guilt, may raise issues under article 14 of the Covenant. The State party has rejected these allegations. The Committee observes that in any case, these allegations relate primarily to the evaluation of facts and evidence by the State party's courts. It recalls that it is generally for the courts of States parties to evaluate facts and evidence in a particular case, unless it can be ascertained that the evaluation was clearly arbitrary or amounted to a denial of justice. In the present case, the Committee considers that in the absence of other pertinent information from the author, and in the absence in the case file of any court records or trial transcripts, which would make it possible to verify whether the trial in fact suffered from the defects alleged by the author, this part of the communication is inadmissible under article 2 of the Optional Protocol as insufficiently substantiated.

The Committee has noted the author’s allegations that her son was beaten and tortured, and thus forced to confess guilt in the crimes he was later convicted for. It observes however that the author did not formulate these particular allegations in her initial communication but only at a later stage, and that she did not provide detailed information in that regard, such as the identity of those responsible or the methods of torture used. The author has also failed to explain whether any attempt to have her son examined by a medical doctor was ever made, or whether any complaint was filed in this connection. It remains also unclear whether these allegations have been drawn to the attention of the trial court. In addition, the Committee notes that the appeal filed on N. G.’s behalf to the Appeal Body of the Tashkent City Court does not contain any reference to acts of ill-treatment or otherwise unlawful methods of investigation. In the absence of any other pertinent information in this connection, the Committee considers that the author has failed to sufficiently substantiate her claims, for purposes of admissibility. Accordingly, this part of the communication is also inadmissible under article 2, of the Optional Protocol.

In light of the above findings, and taking into account that the alleged victim’s death sentence was commuted on 12 February 2002, the Committee does not consider it necessary to examine the author’s claims under article 6 of the Covenant.

The Human Rights Committee therefore decides: (a) That the communication is inadmissible under article 2 of the Optional Protocol;