CCPR/C/115/D/2052/2011
The facts as submitted by the author
2.1
On 3 May 2005, at approximately 9.10 a.m., a policeman later identified as officer
N.T., arrived at the Akmatov home. The officer told Turdubek Akmatov that he was being
summoned to the police station in the village of Mirza-Aki. Starting at 9.30 a.m. that day,
Mr. Akmatov was detained at the police station without being charged for approximately 10
hours. The duration of the detention is confirmed by the initial testimony of the duty officer
at the police station, M.E.1
2.2
The author submits that during the 10 hours that his son was in detention, a group of
six police officers questioned him about an alleged theft that had taken place in Mirza-Aki.
During the questioning, the victim received a severe beating from the officers, who inflicted
blows to his head and body. Officer M.E. witnessed officer N.T. kicking Mr. Akmatov in
the kidneys and ribs, and told him to stop the beating. Officer M.E. then left the police
station, where he returned at approximately 3 p.m. He again witnessed officer N.T. beating
Mr. Akmatov, who collapsed on the floor.2
2.3
Between 5 and 6 p.m., while Turdubek Akmatov was still detained, the author was
approached by a man who was later identified as officer Z.T. The officer informed him that
his son was at the Mirza-Aki police station giving a deposition regarding a complaint of
theft filed against him.
2.4
On the same evening, at approximately 7.30 p.m., Turdubek Akmatov was released,
at which point he returned to his family home. He told his family that he had been beaten
during an interrogation by six police officers who were led by someone called Z.T. Shortly
thereafter, he fell to the ground as blood poured from his mouth, ears and nose. Later that
evening, he died.
2.5
On 4 May 2005, the Uzgen inter-district prosecutor’s office ordered an autopsy,
which was performed that same day. The autopsy revealed numerous bruises, lacerations
and abrasions to the head, chest and fingers of Mr. Akmatov. It also revealed serious
injuries to the brain, lung, kidneys and spleen. It was specified that the injuries could have
been caused by “blunt, hard objects”. Those carrying out the examination concluded that
the direct cause of death was haemorrhaging beneath the brain tunic and cerebellum tissues
and that the injuries were caused by blunt, hard objects “shortly before death”.3
1
2
3
The author submits that officer M.E. gave a formal statement to the prosecutor’s office on 22 April
2007, in which he confirmed that the victim was present in the police station at approximately 9.30
a.m. on 3 May 2005.
The author submits that during subsequent questioning by the prosecutor on 21 June 2007, M.E.
retracted his original statement. In his new statement, M.E. claimed that he was not at the police
station that day. He also stated that he had been “bullied” by the victim’s mother, who “scared” him
by saying that he had killed her son.
The supplemental medical review that was conducted on 23 September 2005, in addition to the
previous findings, could not rule out “that he could have received these injuries from falling down the
stairs”. An exhumation of the body was called for to reach an accurate conclusion. The exhumation
was conducted on 2 October 2006. The new medical-forensic examination confirmed the initial
findings but also noted that a “fall from a height is not excluded”. On 15 June 2007, the Akmatov
family requested an independent examination, which was carried out by a top-level forensic medicine
expert who was also a professor at the Kyrgyz State Medical Academy. The expert’s report, issued on
11 October 2007, pointed to a number of discrepancies between the description of injuries and the
diagnosis of the previous examinations. On 12 March 2008, the Osh regional prosecutor’s office
ordered that all prior forensic medical evidence be reviewed by a commission. That commission
confirmed the previous diagnosis of the cause of death, adding that haemorrhaging around the left
kidney could have aggravated life-threatening conditions, namely acute kidney failure, which in turn
3