CCPR/C/130/D/2866/2016 of the State Committee in Bishkek at approximately 12 a.m. on 30 July 2011. They claim to have been beaten by State Committee officers. They saw Mr. Fiziyev being brought to the building at approximately 12.20 a.m. According to them, Mr. Fiziyev was beaten by the officers when taken out of a van and then he walked to the building. They later heard his screams of pain coming from one of the offices. At a certain point later that morning, the screaming stopped. When the ambulance arrived at the State Committee office on the morning of 30 July 2011, Mr. Fiziyev was dead. 2.2 On 30 July 2011, the city police department ordered a forensic examination of Mr. Fiziyev’s body. The results of the examination, finalized on 9 September 2011, indicated that the victim died of traumatic shock caused by multiple injuries, fractures, broken ribs and bones.1 2.3 On 31 July 2011, the author filed a complaint with the Bishkek city prosecutor’s office, requesting the opening of a criminal investigation. An investigation was opened on 9 August 2011. On 14 December 2011, State Committee for National Security officers K. and B., who arrested Mr. Fiziyev and delivered him to the State Committee office, were indicted under articles 104 (4) (intentional infliction of grave damage to health, resulting in victim’s death through carelessness), 305 (2) (exceeding official powers with the use of a weapon or special means, entailing grave consequences) and 305-1 (torture) of the Criminal Code. The investigation indicated that the arresting officers applied excessive force and beat Mr. Fiziyev during the apprehension and that he died as a result. On 20 November 2013, the officers were acquitted of all charges by the Military Court of Bishkek. The Military Court relied on a forensic report of 9 September 2011, which stated that with the injuries in question, any independent movement by Mr. Fiziyev, including walking, would have been impossible. The Court also referred to the witness statements of U.I. and U.T., who had seen Mr. Fiziyev walking on his own when he was brought to the State Committee building. The Military Court found that the evidence was insufficient to establish the guilt of the two officers and sent the criminal case back to the Prosecutor General’s Office for further investigation and identification of the perpetrator. 2.4 On 23 December 2013, the author sent a request for further investigation to the Prosecutor General’s Office. She indicated that she would not appeal the acquittal by the Military Court since she did not believe officers K. and B. were guilty. Witnesses U.I. and U.T. indicated that they had been beaten by some 15 people, none of whom were identified by the investigation. On 22 January 2014, a non-governmental organization, “Kylym Shamy”, filed a similar request to the Prosecutor General’s Office. On 17 February 2014, they were informed that on 25 November 2013, the Prosecutor General’s Office submitted an appeal to the Military Court of Kyrgyzstan and that the guilt of officers K. and B. had not yet been established. 2.5 On 11 June 2014, the Military Court of Kyrgyzstan maintained the decision of the Military Court of Bishkek acquitting officers K. and B. The Prosecutor General’s Office submitted a request for a supervisory review to the Supreme Court. On 26 August 2014, the Supreme Court quashed the decisions of the lower courts and sent the case back to the Military Court to be considered by a different set of judges. Since all the judges of the Military Court had been involved in the consideration of the case previously, the case was transferred to the Regional Court in Chuysk. On 13 May 2015, the Regional Court confirmed 1 The forensic report noted, among other injuries: (a) Multiple bite wounds on the left leg and right foot, which could have been caused by hard blunt objects with a limited contact surface, e.g., the teeth of a dog; (b) Fractures of the left scapula, bruises and abrasions on the back, caused by a hard blunt object; (c) Fractures of the ribs and sternum, haemorrhage in the lungs and ligamentous apparatus of the liver, tract ligament and intestinal mesentery, and perirenal tissue on the right, with subcapsular haemorrhages of the right kidney, which could be caused by blunt solid objects; (d) Subarachnoid haemorrhages with contusion of the parietal lobes of the brain, haemorrhages of the fronto-parietal-temporal regions, a contused wound on the back of the neck, and an abrasion of the face that could have been caused by blunt solid objects. 2

Select target paragraph3