Kulov v Kyrgyzstan, UN Human Rights Committee (2005) (excerpts)

Kulov v Kyrgyzstan, UN Human Rights Committee Communication 1369/2005 (excerpts)


8.7 The Committee notes the author’s allegations of violation of presumption of innocence, as the authorities allegedly used national media to portray him as a criminal; his lawyers were given only limited time to study the evidence, and “obstacles” were added to examine the additional evidence presented by the prosecution; he had been judged already two times for malpractice in office but a third set of criminal proceedings was still pending at the time of submission of the present communication, on the same grounds; his request to be represented by a lawyer from Russia was ignored, though allowed under the legislation; NSS created additional obstacles for lawyers’ participation in the author’s case; and finally he was not allowed to examine witnesses against him in court, as the courts refused to call them without justifying their refusal. The Committee notes that the State party did not provide any comments on any of these allegations. In the absence of any information from the State party, the Committee considers that due weight must be given to the author’s allegations and concludes that there has been a violation of article 14, paragraphs 2, 3 (b), (c), (d) and (e), of the Covenant..