Litigation

Khadzhiyev and Muradova v. Turkmenistan

Court
UN Human Rights Committee
Country
Turkmenistan
Status
Active
Case Lawyers

Death in Custody of Human Rights Activist after Secret Trial

Facts

Muradova was a journalist and human rights activist in Turkmenistan, who co-founded the Turkmenistan Helsinki Foundation for Human Rights and worked with Radio Free Europe/Radio Liberty. Around June 18, 2006, the police arrested Muradova, and interrogated her without a lawyer—apparently using physical abuse and/or forcible use of drugs. They also detained her children and two of her colleagues. During a televised government meeting the day after her arrest, the Turkmen President called Muradova and her colleagues “traitors” who should be “condemned”.

Muradova was held in custody—with virtually no connection to the outside world—until her trial on August 25, 2006. The authorities tried to make her “confess” to the crimes she had been charged with—weapons possession charges that were apparently unrelated to the political opposition that government officials had condemned. She passed a message to her family that she “could not stand the mistreatment”.  

On August 25, 2006, Muradova and her colleagues were convicted following a closed trial that lasted less than two hours. Even her lawyer may have been barred from the courtroom. Muradova received a six-year prison sentence. The court never issued a written decision.

On September 14, 2006, Muradova’s family learned that she had died in custody, which the authorities then confirmed.. Injuries to her body indicated that she died a violent death, including a deep cut in her forehead, a dark mark around her neck suggesting strangulation, three wounds on one of her hands, swelling and bruising to one of her ankles, and a large bruise on her thigh. The Turkmen government refused the family’s request for a copy of any autopsy report, ignored requests for an independent autopsy, never investigated the circumstances of Muradova’s death, and claimed that she died of natural causes. Recently, the government claimed that it had investigated her death—without providing any information about that investigation—and that she had committed suicide.

In addition to failing to adequately investigate her mistreatment and death, the Turkmen authorities have refused to provide redress to her family, and persecuted Muradova’s children when they tried to draw international attention to her case. As a result, her children could not pursue any domestic remedies.

Turkmenistan continues to persecute human rights activists and independent journalists like Muradova.

Open Society Justice Initiative Involvement

The Open Society Justice Initiative filed a petition to the U.N. Human Rights Committee on behalf of Muradova’s brother, Annadurdy Khadzhiyev.

Arguments

Arbitrary Killing

Torture. Muradova was subjected to physical abuse while in custody, which lead to her death, in violation of Article 7 ICCPR (prohibition of torture).

Lack of Safeguards. Turkmenistan failed to take measures to protect Muradova from torture and from the arbitrary deprivation of her life, in violation of Articles 6(1) and 7 ICCPR in conjunction with Article 2(2).

Failure to Conduct an Effective Investigation. Turkmenistan failed to investigate Muradova’s torture and death, in violation of Articles 6(1) and 7 ICCPR in conjunction with Article 2(3).

Failure to Provide Redress. Turkmenistan failed to provide access to effective remedies for the torture and death of Muradova, in further violation of Articles 6(1) and 7 ICCPR in conjunction with Article 2(3).

Failure to Have a Judge Rule on Pre-Trial Detention. The law in effect when Muradova was arrested provided for a prosecutor rather than a judge to rule on her detention, in violation of Article 9(3) ICCPR.

Violation of Fair Trial Rights. The Turkmen authorities publicly declared Muradova’s guilt before her trial, denied her prompt effective assistance of a lawyer—including during interrogation, closed her trial to the public, and prevented her from meaningfully appealing her conviction by failing to issue a written verdict. This violated her rights under Article 14 ICCPR.

Arbitrary Detention and Freedom of Expression. The Turkmen authorities arbitrarily detained, tortured and killed Muradova to silence her journalism and human rights activism, in violation of Articles 9(1) and 19 ICCPR.

The UN Human Rights Committee concluded [pdf] that Turkmenistan is responsible for several violations of the ICCPR:

  • Turkmen authorities failed to rebut the allegation that Muradova was killed due to the torture she sustained while in custody, in breach of Article 6 (1) and Article 7 of the Covenant.
  • Turkmenistan failed to properly investigate Muradova’s torture and death. Turkmen authorities refused to provide the family or the Committee with the results of the autopsy report or any other documentary evidence of the investigation, denying Muradova’s and Khadzhiyev’s right to an effective remedy. This constituted a violation of both Muradova’s and Khadzhiyev’s rights under Article 2 (3) read in conjunction with Article 7 of the Covenant, and for Muradova also in conjunction with Article 6 (1).
  • Turkmenistan’s refusal to shed light on the exact circumstances of Muradova’s death and to bring to justice those responsible resulted in continued anguish and mental stress incurred by the Khadzhiyev that amounts to inhuman treatment, in violation of Article 7 of the Covenant.


April 28, 2018

Adoption of Views by Human Rights Committee.

March 04, 2016

JI’s reply to the Government’s further Observations sent to the UN Human Rights Committee.

February 23, 2015

Turkmenistan submitted Observations to the UN Human Rights Committee.

April 09, 2013

Communication filed with the U.N. Human Rights Committee.

March 2012

Turkmen official claims to the U.N. Human Rights Committee that Muradova’s death was a “suicide”. The Committee expresses concern “at reports of the harassment and intimidation of journalists and human rights defenders in the State party” and urges Turkmenistan to “ensure that journalists, human rights defenders and individuals are able to freely exercise their right to freedom of expression in accordance with the Covenant.” Turkmenistan did not respond.

June 15, 2011

U.N. Committee against Torture states that it is “deeply concerned about numerous and consistent reports on a number of deaths in custody and on the alleged restrictions on independent forensic examination into the cases of such deaths, including the case of Ogulsapar Muradova” and urges Turkmenistan to investigate all incidents of death in custody and prosecute those responsible. Turkmenistan takes no action.

September 14, 2006

Muradova’s family learns that she has died in custody. 

August 25, 2006

Muradova and colleagues convicted of weapons-related offenses during secret trial. Muradova sentenced to six year prison term.

June 18, 2006

Turkmen police arrest Muradova.

April 12, 2013
Туркменистану предстоит рассмотрение в ООН по делу о смерти правозащитницы Download the two-page document in Russian. Download
April 09, 2013
UNHRC: Muradova, Communication, April 9, 2013 Download the 68-page document. Download

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