CCPR/C/120/D/2162/2012
1.
The author of the communication is Arsen Ambaryan, a national of Kyrgyzstan of
Armenian origin born in 1960. He submits the communication on behalf of his brother,
Artur Ambaryan, also a national of Kyrgyzstan of Armenian origin, born in 1968, who was
serving a prison sentence in Kyrgyzstan at the time of the submission. The author claims
that his brother is a victim of violations by Kyrgyzstan of his rights under articles 7, 9
(1)−(4) and 14 (1), (3) (a) and (f) and (5), read in conjunction with article 2 (3) (a) and (b),
of the Covenant. The Optional Protocol entered into force for Kyrgyzstan on 7 October
1994. The author is not represented by counsel.
The facts as submitted by the author
2.1
On 25 February 2011, at approximately at 2 p.m., the author’s brother was driving in
Osh city when he was stopped by a car carrying five persons dressed in civilian clothing.
Without identifying themselves, they handcuffed him and searched his car. 1 During the
search, 2.7 grams of heroin were found. Upon further questioning, the author’s brother
stated that he was not aware of the heroin’s origin. At the time of the search, the author’s
brother was not informed of the reasons why he had been stopped, nor could he understand
the conversation between the five persons, since it was in the Kyrgyz language, which he
did not understand.
2.2
The author’s brother was taken to the Southern Regional Office for Combating Drug
Trafficking of the Department of Internal Affairs of Kyrgyzstan, where he was subjected to
psychological pressure to make him confess to the possession of heroin with intent to sell,
until 11.40 p.m. of the same day. He was put in a cold room and deprived of warm food,
water and access to the toilet for 10 hours. Handcuffed, and in the absence of a lawyer or
relatives, he was interrogated and threatened by persons in civilian clothing, who from time
to time made video recordings. At no stage were his rights explained. In particular, he was
not advised of his right to counsel and an interpreter from the moment of detention, nor was
he informed of the reasons for his detention.
2.3
At around 10 p.m., the author received a phone call from his brother and at 11 p.m.
the author arrived at the Office. Only then, for the first time after the arrest, was his brother
allowed to use the toilet, in the presence of the officers and still handcuffed. The author
states that, unable to withstand the torture, humiliation and fatigue, his brother had made a
false confession.
2.4
The author submits that a detention protocol was drawn up by the investigator at
11.40 p.m. on 25 February 2011, 10 hours after the arrest. The protocol did not indicate the
legal basis for the detention, as stipulated in articles 942 and 953 of the Criminal Procedure
Code of Kyrgyzstan.
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2
From the material on file, it transpires that the Southern Regional Office for Combating Drug
Trafficking of the Department of Internal Affairs of Kyrgyzstan was conducting a “sting” operation.
Article 94 of the Criminal Procedure Code of Kyrgyzstan. Grounds for detention of a person
suspected of committing a crime
“(1)
Grounds for detention are:
(1) The person is caught during the commission of a crime or directly after its
commission; 2) eyewitnesses, including the victims, directly point out the person as the
offender; 3) the suspect, his clothes, or his dwelling have evident traces of the crime.
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(2) The person may be detained in the presence of other facts that give grounds to suspect
the person of committing the crime, if he attempted to escape, when he does not have a
permanent place of residence or when his identification is not established.”
Article 95 of the Criminal Procedure Code of Kyrgyzstan. Procedure for detaining a person suspected
of committing a crime
“(1)
No later than three hours after the delivery of the detained, there shall be made a transcript
of the detention proceedings. The transcript shall contain the grounds and reasons, place and the
time (with indication of hour and minute), and the results of the personal search. The transcript of
proceedings shall be read to the suspect and his rights shall be explained to him, as provided
herein by article 40. The transcript of detention shall be signed by the person who has written it
and by the detained. The investigator is obliged to inform the prosecutor in writing about the
detention within twelve hours starting from the moment of writing the transcript of detention.
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