CCPR/C/133/D/2850/2016 Advance unedited version back. Four officers started shouting and beating up the author and two other detainees. The author along with his cellmates were taken to the corridor, where they saw some 15 other detainees. Then all of them were taken to the courtyard of the detention facility, where the beatings continued. The author was beaten in the head, including with a set of big heavy keys, one of the officers jumped on his head; he sustained multiple blows with boots, police batons and wooden sticks all over his body. Overall, the beating lasted about 30 minutes. The author asked what was the reason for being beaten, but in response the officers only intensified the blows. Later the author found out that a detainee from another cell, Mr. B. asked to use the toilet and reacted strongly when his request was rudely denied by the duty officer. In response, the duty officer called for backup and the mass beating started. The author also believes that he was beaten on the basis of charges against him, which concerned a fight with a police officer. 2.2 On 16 September 2011, a monitoring group consisting of representatives of the ombudsman’s office and of two human rights NGOs, visited the facility and interviewed the detainees, having taken pictures confirming the bodily injuries they sustained.2 2.3 On 17 September 2011, the author and other detainees filed a formal complaint with the Issyk-Atynsk district prosecutor’s office. On 27 September 2011, the prosecutor’s office refused to open criminal proceedings. The prosecutor questioned the duty officer of the pretrial detention facility Mr. O., according to whom, on 14 September 2011, around 9:40 a.m., Mr. T. from the cell No. 3,3 was to be escorted to court. When the officer opened the cell, however, three detainees pushed him and ran to the courtyard. His request to return to the cell were ignored. One of the detainees, Mr. B., attacked him, threw into him used toilet paper, hit him with a plastic bottle and tore his uniform. When the officer raised alarm, Mr. B. hit him in the chest and pushed him. The officers who arrived to help, had to use force to re-establish the order in the facility. The same explanation was given by two other officers, Messrs. A. and Sh. The decision mentions that since medical-forensic reports are not yet ready, and an internal investigation is being carried out, the request for opening criminal proceedings against the officers who used force should be denied. 2.4 On 9 January 2012, the Prosecutor General’s office revoked the district prosecutor’s decision and ordered an additional investigation to be carried out by the Bishkek city prosecutor’s office. However, it was again the Issyk-Atynsk district prosecutor’s office that refused to open criminal proceedings in the case on 13 January 2012. The prosecutor’s decision refers to the medical forensic reports of all the complainants, including the author. According to the medical-forensic report, the author sustain light injuries with no harm to his health. The Decision mentions that 13 of the complainants withdrew their appeals. As to the use of force by the detention facility officers, the decision notes that the officers acted lawfully in accordance with the Instruction No. 263 of the Ministry of Interior concerning detention, protection and escorting of suspected and accused persons. The decision also mentions that on 14 September 2011, officer O. filed a complaint to the Head of the IssykAtynsk pre-trial detention facility against the detainees B., B., Sh., T., and Ch., who had attacked him and tried to escape. On 24 September 2011, a criminal investigation was opened into these allegations. On 17 November 2011, officer O. revoked his complaint and requested to end the investigation. The criminal investigation was closed on 19 November 2011. In view of lawful use of force by the officers of the Issyk-Atynsk pre-trial detention facility in order to prevent an escape of detained persons and to re-establish the order, the prosecutor decided not to open a criminal investigation. 2.5 On 25 April 2012, the author appealed against this decision to Chuysky regional prosecutor’s office. He noted that his allegations of beating were confirmed by the medicalforensic report. At the same time, the fact that he was trying to escape or in any way resisted the detention facility officers remained unconfirmed. At the same time, another detainee Mr. T. appealed against the same decision to the Issyk-Atynsk District Court. On 18 April 2012, 2 3 2 The author provided the Committee with pictures of his back with two long linear red lines on the left side and one red spot closer to the spine on the left side of the back. Investigative documents and court decisions on file indicate cell No. 3 as the source of incident. The State party refers to cell No. 6 instead. The author was held in cell No. 5, according to the State party’s observations.

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