CCPR/C/130/D/2400/2014
to confess to stealing a computer from the factory where he was working as a loader at the
time. He was not allowed to contact his family or lawyer. After he refused to confess, he was
subjected to beatings. One of the officers put on boxing gloves and started punching him on
the head. Another officer punched the author in the kidneys, chest and stomach, while the
third officer beat the soles of his feet with a baton. The officers also threatened to take him
to a nearby canal and pour water over him until he confessed or to plant drugs in his pockets.
At one point, they brought into the room an acquaintance of the author, D., who they said
would testify that the author had assaulted him earlier so that there would be grounds to arrest
the author on assault charges.
2.2
At approximately 10 p.m., the author was taken by the officers to the Sokuluk district
police department. When they arrived at the police department, the author was spotted by his
friend E., a police officer. E. told the other police officers that he knew the author and asked
them to release him. After this, the author was released without even entering the police
department and immediately taken home by E.
2.3
Upon returning home, the author experienced severe headaches and nausea. On 5
December 2009, he was taken to a hospital in Bishkek by his mother where he was admitted
with the following diagnoses: craniocerebral trauma, concussion and bruising of the face,
head, limbs and soles of the feet.1 The author spent 10 days at the hospital receiving treatment
for his injuries. Due to persistent symptoms, he subsequently underwent treatment for 12
more days in the neurology department of the same hospital and 10 days in the cardiology
department of another hospital.
2.4
On 7 December 2009, the author submitted a complaint against the police officers to
the Sokuluk district prosecutor’s office. At the outset of the inquiry procedure, the assistant
district prosecutor questioned the author, his mother and brother, and the three police officers
against whom the author had submitted the complaint. No other witnesses, including those
who were working at the Novopavlovka police station and the Sokuluk district police
department on 4 December 2009, were questioned by the prosecutor’s office.
2.5
On 16 December 2009, the Sokuluk district assistant prosecutor refused to open a
criminal investigation into the author’s allegations.2 On 24 December 2009, the Sokuluk
district prosecutor quashed the refusal and ordered an additional inquiry.
2.6
On 15 January 2010, the author was ordered to undergo a forensic medical
examination. The examination questioned the accuracy of the diagnosis of concussion and
identified only one bruise on the sole of the author’s foot, but indicated that it was not
consistent with the author’s version of events. On 16 January 2010, the Sokuluk district
assistant prosecutor raised doubts concerning the accuracy of the examination. Nevertheless,
he refused to open a criminal investigation into the author’s allegations for lack of corpus
delicti. However, he did order a second examination of the author by a medical commission.
2.7
On 18 January 2010, a second examination was conducted by a medical commission
based only on the results of the first examination and the diagnoses received by the author
during his hospital treatments in December 2009. According to the results of the examination,
the author was experiencing some soft tissue pain in his forearm and back. However, it was
concluded that the bruising on the sole of his foot had not been caused on 4 December 2009.
With regard to the author’s concussion, the commission stated that it could not confirm the
diagnosis by considering only the available data. It concluded that there were no traces of
injuries on the author’s head, body or limbs, although it noted that it was up to the judicial
and investigative authorities to determine the facts concerning the alleged beatings when
there were no visible injuries.
2.8
On 28 January 2010, after the author’s appeal, the Sokuluk district prosecutor quashed
the refusal of the Sokuluk district assistant prosecutor of 16 January 2010 and ordered an
additional inquiry.
1
2
2
The author provides copies of all medical documents, which clearly indicate the above-mentioned
injuries.
No further details provided.