Aliboev v Tajikistan, UN Human Rights Committee (2001) (excerpts)

Aliboev v Tajikistan, UN Human Rights Committee Communication 985/2001(excerpts)

(...)

6.4 The Committee notes the author's claim that her husband was not represented by a lawyer until after his indictment, i.e. during a period when he was subjected to beatings and torture, and that the State party has not refuted this allegation. The Committee recalls its jurisprudence that, particularly in capital cases, it is axiomatic that the accused must be effectively assisted by a lawyer at all stages of the proceedings See for example, Aliev v Ukraine, Communication 781/1997, Views adopted on 7 August 2003, Robinson v. Jamaica, Communication No. 223/1987, Views adopted on 30 March 1989, Brown v. Jamaica, Communication No. 775/1997, Views adopted on 23 March 1999.. (5) In the present case, the author's husband faced capital charges, and was without any legal defence during the preliminary investigation. It remains unclear from the material before the Committee whether the author or her husband requested legal assistance, or sought to engage a private lawyer. The State party, however, has not presented any explanation on this issue. Accordingly, the Committee is of the view that the facts before it reveal a violation of Mr. Aliboev's right under article 14, paragraphs 3 (d), of the Covenant.