Complainant in Gerasimov v. Kazakhstan
Cases- Location of case in SG report
- 2012-029-001
- Relevant SG report
- Year of the report
- 2012
- From Country
- Country Geolocation
Latitude: 48.019573
Longitude: 66.923684
- Country Geolocation (linked Cases)
- Kazakhstan
- From Region
- UN body that raised the case prior to the SG report
- UN Treaty Bodies: CAT
- Dates of prior UN action
- 24 May 2012
- Type of record
- Unnamed individual/group/organization
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant, member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
complaint submitted to CAT about torture by police
- Engagement with UN body
- UN Treaty Bodies: CAT
- Dates of engagement
- Unclear
- Type of attempted engagement
- Submission of information to UN
- Dates of mentioned reprisals
- Unclear
- Reprisal information
The complainant alleged that he had been subjected to torture by the police, who wanted him to confess to murder. The Committee determined that the State party had interfered with the complainant‟s right of petition and reaffirmed that a State party is required to abstain from any acts of intimidation or reprisal against complainants, their families and/or authorized representatives.
The Committee noted that the complainant had sent a notarized withdrawal letter with a copy to the Ministry of Foreign Affairs, with a translation from Russian into English, and that the complainant and his family were subjected to pressure at national level in connection with his communication. The Committee concluded that it had substantial reason to doubt that the withdrawal letter was prepared voluntarily and that the State party had interfered with the complainant‟s right of petition.
- Types of reprisals suffered
- Family/friends/acquaintances targeted
- Threats/Intimidations (incl. "fear of reprisal")
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 0