INDIVIDUAL COMPLAINT TO THE HUMAN RIGHTS COMMITTEE UNDER THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
22 July 2020
I. Information on the Complaint
- Author of the Petition: Sarya Dezmir
- Victim: Isaki Dezmir
- Representation: Jungyeon Lee. The representative is acting by virtue of a power of attorney signed by Sarya Dezmir on July 14, 2020.
II. State Concerned and Articles Violated
- State Party: Golenzik
- Articles Violated
- Article 19 (1), (2)
- Article 9 (2)
- Article 14(2), 14(3) (b) , (d), and (e)
- Article 7 and 14 (3) (g)
III. Admissibility
- Exhaustion of Domestic Remedies
Sarya has not exhausted the domestic remedies because such remedies were available to her in the state she resides in. She tried several times to take a judicial procedure under national law. She said that with Isaki’s parents, she made applications to the Golenzik Police Services and the Prosecutor General to ask for opening the trial. However, there were no responses from such institutes. She attempted to solve the problem within the state party, Golenzik, but it did not work. Then, she tried to bring a case with the Criminal Court, the Court of Appeals, and the Supreme Court; however, she got rejected from all of them. Due to the government’s high control over the judicial powers, she could not exhaust the domestic remedies. Thus, she should not be required to do so.
- Application to Other International Procedures
Sarya Dezmir has not applied for relief to any other procedure of international investigation or settlement.
IV. Facts of the Complaint
- Statement of Facts
The author and her family resided in Bok, Golenzik. Her husband Isaki Dezmir worked for Voices of Youth, a popular online news website, which criticized the government and supported the opposition group, GPP. On November 17, 2015, three police officers arrested Isaki without telling the reason for the arrest to none of the family members including Isaki himself. He was targeted to get arrested because of offensive writings towards the government.
Since the day of his arrest, he has not been brought up in front of judges but just kept in detention. The author did not have access to see him through the period of his detention. The author asked the Golenzik Police Services and the Prosecutor General to release him or open a trial. However, she could not hear any response or answer from them. She made efforts to bring the case to the courts– the Criminal Court, the Court of Appeals, and the Supreme Court. Due to the government’s tight control over them, the case was rejected by the courts.
Without having a chance to defend himself in a trial, Isaki was imprisoned for four years. Also, during the period of detention, he was exposed to the threat and physical violence from the prison guards. According to his neighbor who was in the same detention facility with Isaki, “prison guards beat Isaki while telling him to confess to committing crimes against the state and inciting violence”.{1} The former inmate of Isaki also told to the author that he saw Isaki walking with a crutch because of an injured left leg, caused by a beating from the prison guards. Despite the injuries, he was not allowed to see a doctor and get medical treatment.
- Application of Law (ICCPR) to Facts
The author claims that articles 19 (1) and (2) of the Covenant were violated. The reason why is that Isaki was arrested while he was working for the news website that opposed the government’s stance. It shows the government’s attempt to restrict Isaki from expressing his opinions on the government. Criticism of the government is subject to restriction. Thus, Isaki’s right to freely express his opinions and thoughts was violated.
Also, when Isaki was arrested by the police officers, he or his family members were not informed about the reason and time of the arrest. Even when the author asked for his release or trial, there was no proper explanation given to her. Without knowing why he was arrested, Isaki was in detention and his family, including the author, had to wait for him for four years. It violated his right to “be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him”{2} under article 9 (2).
During the period of the detention, he was not brought in front of the judges. It means he did not have a chance to be determined whether he is guilty or not. Even before he was proven to be guilty of his charge, he was taken to the detention facility and treated like any other criminal. The government deprived his right to defend himself in the trial with sufficient preparation and assistance. They deprived his right to be judged fairly and to be released if he is proven to be innocent. Therefore, articles 14(2), 14(3) (b), (d), and (e) of the Covenant were violated.
Isaki was subject to violence and forceful interrogations from the prison guards while he was in detention. Also, the authorities did not allow him to meet his family as well as doctors. This violated his rights under articles 7 and 14 (3) (g) of the Covenant. Article 7 ensures that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.{3} Along with this, detainees must be able to see his family members, lawyers, or doctors.{4} However, all of these rights were violated. The former inmates revealed that they witnessed Isaki being beaten by the prison guards and walking with a crutch. This evidence points to the fact that the prison guards’ treatments towards Isaki were inhumane and cruel. Even with the injuries, he was unable to get proper medical treatments from doctors. Additionally, the prison guards utilized force to make him confess that he is guilty. This violated 14 (3) (g) which basically prevents individuals from being “compelled…to confess guilt”.{5}
Furthermore, the government took inaction towards the violations of human rights in the prison. If there are ill-treatments or individual complaints, then the state is required to take an active investigation and protect the people in detention. Rather than giving protection, the government put Isaki in the prison, letting him be exposed to violence. This also clearly violated Article 7 of the Covenant.
V. Specific Remedies Requested
The author of this complaint respectfully requests the Committee to:
- promptly seek ways to release the detained person more frequent monitoring of the implementation of human rights in Golenzik by sending experts to the region (take more attention to arbitrary detention and usage of force and torture, especially).
- require Golenzik to submit a report about the implementation of human rights more frequently than before– more than twice a year– to the Human Rights Committee.
- report the case to the UN Universal Periodic Review (UPR) if there are more similar cases brought to the committee. By putting international attention on the issue, it can give pressure on the Golenzik government so that they can act more accordingly to the provisions of the Covenant.
- privacy of the author who submits individual complaints to the committee for the protection of her identity.
Footnotes
{1} Dezmir, Sarya. Interview. July 2020.
{2} “International Covenant on Civil and Political Rights.” United Nations Human
Rights Office of the High Commissioner, 16 Dec. 1966, www.ohchr.org/EN/
ProfessionalInterest/Pages/CCPR.aspx.
{3} “International Covenant on Civil and Political Rights.”
{4} “General Comment No. 7: Article 7 (Prohibition of Torture or Cruel, Inhumanor Degrading Treatment or Punishment).” United Nations Human Rights, 1982, tbinternet.ohchr.org/_layouts/15treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fGEC%2f6629&Lang=en.
{5} “International Covenant on Civil and Political Rights.”