Lyashkevich v Uzbekistan, UN Human Rights Committee (2007) (excerpts)

Lyashkevich v Uzbekistan, UN Human Rights Committee Communication 1552/2007 (excerpts)


9.4 The Committee further notes the author’s allegation that her son’s right to defence was violated, in particular because the lawyer she had hired privately on 11 August 2003 was prevented from defending her son on that day, notwithstanding the fact that important investigation acts were conducted at this moment precisely. The Committee notes that the State party has only affirmed that all investigation acts in Mr. Lyashkevich’s respect were  conducted in the presence of a lawyer, without specifically addressing the issue of Mr. Lyashkevich’s access to his privately hired lawyer. In the circumstances, and in the absence of any other information by the parties, the Committee concludes that denying the author son’s access to the legal counsel of his choice for one day and interrogating him and conducting other investigation acts with him during that time constitutes a violation of Mr. Lyashkevich's rights under article 14, paragraph 3 (b).