CCPR/C/133/D/2850/2016

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
13 December2021
Original: English

Advance unedited version

Human Rights Committee

Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning communication No.
2850/2016*,**
Communication submitted by:

E. S. (represented by counsel, Mr. Rysbek
Adamaliev)

Alleged victims:

The author

State party:

Kyrgyzstan

Date of communication:

23 June 2016 (initial submission)

Document references:

Special Rapporteur’s rule 92 decision, transmitted
to the State party on 16 November 2016 (not
issued in document form)

Date of adoption of Views:

19 October 2021

Subject matter:

Beating by police in detention; treatment of
prisoners; conditions of detention

Procedural issue:

substantiation of claims

Substantive issue:

torture, cruel, inhuman or degrading treatment or
punishment; conditions of detention

Articles of the Covenant:

7 and 10, read alone and in conjunction with 2
(3)

Article of the Optional Protocol:

3

1.
The author of the communication is Mr. E. S., a Kyrgyz national. He claims that the
State party has violated his rights under articles 7 and 10 (1), alone and in conjunction with
article 2 (3) of the Covenant. The Optional Protocol entered into force for Kyrgyzstan on 7
January 1995. The author is represented by counsel.
Background information
2.1
On 14 September 2011, around 9 a.m. the author, who at that time was held in pretrial detention facility of Issyk-Atynsk district,1 woke up in his cell from a strong blow in his

* Adopted by the Committee at its 133rd session (11 October – 5 November 2021).
** The following members of the Committee participated in the examination of the communication:

1

Yadh Ben Achour, Arif Bulkan, Wafaa Ashraf Moharram Bassim, Mahjoub El Haiba, Shuichi
Furuya, Marcia V.J, Kran ,Kobauyah Tchamdja Kpatcha, Carlos Gómez Martínez, Duncan Laki
Muhumuza, Photini Pazartzis, Vasilka Sancin, José Manuel Santos Pais, Changrok Soh, Hélène
Tigroudja, Imeru Tamerat Yigezu, and Gentian Zyberi.
The author does not indicate the exact period of his stay in the detention facility.

Select target paragraph3