CCPR/C/130/D/2866/2016
the decision of the Military Court of Bishkek and acquitted officers K. and B. The Prosecutor
General’s appeal to the Supreme Court was dismissed on 17 August 2015.
Complaint
3.1
The author claims that the death of her brother in detention and under the control of
officers of the State Committee for National Security violated article 6 (1) of the Covenant.
She claims that the perpetrators have not been identified and that no one was held responsible,
in violation of article 6 (1), in conjunction with article 2 (3), of the Covenant.
3.2
She claims that her brother died from being beaten and from the injuries inflicted by
more than 10 officers of the State Committee for National Security, which amounts to a
violation of article 7 of the Covenant. The State party failed to prevent torture and failed to
carry out a thorough, effective and independent investigation thereof in violation of article 7,
read in conjunction with article 2 (3), of the Covenant.
3.3
The author asks the Committee to:
(a)
Find a violation of the above-mentioned articles;
(b)
Urge the State party to carry out a prompt, thorough and effective investigation
of the torture and ensuing death of Mr. Fiziyev, and prosecute those responsible;
(c)
Provide the family of the victim with adequate compensation;
(d)
Urge the State party to prevent similar violations from occurring in the future
and to also urge it to establish an independent mechanism for the investigation of torture.
State party’s observations on admissibility and the merits
4.1
In a note verbale dated 19 October 2018, the State party submitted its observations.
According to the State party, Mr. Fiziyev was apprehended on 29 July 2011, while trying to
escape from the State Committee for National Security, who were carrying out a search in
his office within an open criminal investigation under article 241 (2) of the Criminal Code
(illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, ammunition,
explosives and explosive devices). When officers K. and B. found him, Mr. Fiziyev jumped
from the roof of a barn and was caught by a service dog who bit him on the left leg. Mr.
Fiziyev was arrested and taken to the State Committee office at approximately 4.30 a.m. on
30 July 2011. He was questioned there by officers Ch., S. and other unidentified officers.
During the questioning, he felt unwell. An ambulance arrived and recorded his death at
approximately 5.30 a.m.
4.2
The State party lists the injuries of Mr. Fiziyev, recorded in the forensic reports, and
provides information on the prosecution of officers K. and B. (criminal investigation No.
150-11-72) and the judicial proceedings in their case.
4.3
According to the State party, on 27 December 2011, a separate criminal investigation
(No. 150-11-127) was opened into the following: the fact that Mr. Fiziyev’s dental prosthesis
was found in office No. 2 of the State Committee for National Security; the lawfulness of
detention of U.I. and U.T., forcing them to provide false evidence and resulting in injuries to
them by State Committee officers; and allegations of the torture of Mr. Fiziyev. On 27
February 2012, this investigation was suspended, given the impossibility of identifying any
suspects.
4.4
On 2 October 2015, after the finalization of judicial proceedings in case No. 150-1172, the investigation in both cases was reopened and transmitted to the Military prosecutor’s
office for identification of perpetrators. On 2 and 19 December 2015, both investigations
were suspended, as no suspect could be identified. On 21 February 2017, the Prosecutor
General’s Office ordered the reopening of the investigations. Currently, the investigations
are being carried out by the Military prosecutor’s office. Officers K. and B. have been
prosecuted and acquitted by the courts. As a result, the author’s claim that no one was held
responsible for the death of her brother is groundless.
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