Advance unedited version CCPR/C/118/D/2187/2012
the International Covenant on Civil and Political Rights. The Optional Protocol entered into
force for Kyrgyzstan on 7 January 1995. The author is represented by counsel, Khusanbai
Saliev.
The facts as submitted by the author
2.1
The author submits that on 19 July 2010, in the morning, he was detained by the
police in his home and, together with his mother, delivered to the Internal Affairs
Department of the Osh District. Between 10 and 17 o’clock that day he was kept in an
office without being given any explanation for the reasons for his apprehension. At 17:00
two police officers told him that they are going to take his fingerprints, but instead they
handcuffed him, placed him in a vehicle and drove him to the Karasuy police department.
2.2
The author submits that on the way to the police department, the officers started
beating him over the face and the head, asking that he confessed committing a murder. He
refused to do so. When they arrived to the police department, he was taken to an office
where there were five or six plain-clothes officers. They again requested a confession.
When the author refused they stripped his clothes and started beating him with a stick over
the head and in the area of the kidneys. Then he was handcuffed, forced to lie down, beaten
on the soles of his feet, strangled with a plastic wrap over his head and the nail on his big
toe was ripped off. The torture continued for two days. He was occasionally taken to a cell
and given an ointment with the instruction to put it on his injuries to cover the bruises.
After two days, the author signed a confession drafted by the police officers.
2.3
The author submits that between 19 and 24 July 2010, he was in the hands of the
police officers in the Karasuy Police Department. On 20 and 24 July, the Osh City Court
issued orders for his detention on remand and, as a result, he should have been transferred
to the pre-trial detention facility SIZO- 5, but he was kept in the police department until 11
August 2010, so that his injuries healed and became difficult to detect. He maintains that
the above was a regular practice in Kyrgyzstan.
2.4
On 27 August 2010, the Karasuy District Court convicted the author of crimes under
article 233, paragraph 3 (calls to active insubordination of the lawful requests of the
authorities, and to mass riots, and calls for violence against persons), article 168, paragraph
1, subparagraph 3 (commission of a robbery with the use or threat of violence, committed
repeatedly), article 97 (murder committed with particular violence; or connected with
robbery; due to interethnic, race or religious hostility; premeditated hooliganism;
committed in group) of the Criminal Code and sentenced to 23 years of imprisonment and
confiscation of property.
2.5
On 12 October 2010, as a result of his appeal to the Osh regional court, the court
excluded from the verdict the charges under article 168, paragraph 1, subparagraph 3 and
article 97, paragraph 14, but left the rest of the verdict unchanged. On 16 December 2010,
following a review requested by the author’s attorney, the Supreme Court overruled the
decision of the Osh regional court and confirmed the 27 August 2010 verdict.
2.6
The author submits that he did not complain regarding the torture endured while he
was still in the hands of the police, because he feared for his safety. He attempted to
complain to the medical service after he was transferred to the pre-trial detention facility
SIZO-5, but the personnel there ignored his complaints and told him that he should have
filed a complaint while in the police department. He submits that for that reason he is
unable to present a medical certificate confirming his injuries.
2.7
The author maintains that he complained regarding the torture experienced to the
courts at two instances and that he showed the wounds on his legs and feet. Further, he
raised torture allegations in the cassation appeal; his lawyer photographed the marks of his
injuries, which were visible over a month after the events and filed to the Supreme Court a
complaint, dated 13 December 2010, regarding the treatment endured by him; judges and
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