CCPR/C/130/D/2160/2012
murdered two or more people. The author submits that his criminal prosecution is related to
the events of June 2010 in southern Kyrgyzstan.1
2.2
At 6 a.m. on 21 June 2010, a group of special forces soldiers and police entered the
author’s house in Kara-Suu district of Osh province and severely beat him and his 15-yearold nephew. They took him away from his house but later left him unconscious in the street,
where he was found by his neighbours and taken to a hospital in Nariman village. The author
submits that his account of the beatings is supported by detailed reports provided by his wife
and his sister to a local human rights non-governmental organization.2 At 4 p.m. the same
day, the police came to the hospital and took the author to the provincial police department
in Osh city, where he was subjected to further beatings. Later in the evening, the author’s
relatives paid $1,200 to the police and he was released. The next morning, the author was
taken by his relatives to the hospital in Nariman, where he was treated for injuries to his head,
face and legs. According to hospital records, the author told the doctors that he was beaten at
his house by people in military uniform.3
2.3
On 23 June 2010, the author was again taken to the local police station, where he was
questioned as a witness in a criminal case.4 On 24 June 2010, he was formally arrested on
suspicion of having participated in ethnic clashes.5 The author submits that, after he was
arrested, the police demanded $10,000 from his relatives in exchange for his release.
2.4
On 26 June 2010, the Osh city court placed the author in pretrial detention. The author
submits that the hearing lasted for 30 minutes, the investigator did not explain why pretrial
detention was necessary6 and the judge did not look into the legality of his arrest or inquire
about the cause of his injuries. Despite the ruling that the author should be detained in pretrial
detention facility No. 5, he was kept in the temporary detention unit of the Osh provincial
police department until at least 30 June 2010. The author submits that this was done to avoid
the injuries caused by the beatings being discovered, since the staff of the pretrial detention
facility would draw up an official record of all of his injuries upon arrival.
2.5
On 28 June 2010, the author’s defence lawyer wrote to the Ministry of Internal Affairs
complaining that the author had suffered a serious head trauma that required urgent medical
treatment.7 According to the complaint, on 26 June 2010, an ambulance had been called to
the temporary detention unit for the author, and the doctors had recommended that his injuries
be treated in hospital. The lawyer requested that the author be transferred to a hospital or to
pretrial detention facility No. 5, where there were appropriate medical facilities for his
injuries to be treated. On 30 June 2010, the lawyer received a letter from the investigation
department of the Ministry of Internal Affairs informing him that the head of the temporary
detention unit in Osh had been asked to transfer the author to pretrial detention facility No.
5.8 While the author was in pretrial detention, he and his counsel, fearing repercussions, did
not demand that the authorities conduct an investigation into his allegations of torture.
However, the author submits that, even without him submitting an official complaint, an
investigation should have been launched by the case investigator, who had seen his injuries
when questioning him on 23 and 24 June 2010, or by the Osh city court on 26 June 2010.
1
2
3
4
5
6
7
8
2
The author refers to riots and ethnic clashes between Uzbek and Kyrgyz groups, during which several
hundred people died, that took place in May–June 2010 in the Osh and Jalal-Abad provinces of
southern Kyrgyzstan.
The author provides copies of the testimonies.
The author submits his hospital records, which show that he was taken away by the police on 22 June
2010, was absent on 23 June 2010 and then was brought in by the police for medical treatment on 24
June 2010 for four hours, after which he was again taken away by the police.
The author submits a copy of the written record of the questioning.
It is not clear from the submission whether the author was released back to the hospital on 23 June or
kept overnight at the police station. A copy of the record dated 24 June is also submitted.
In the court ruling, it is noted that the investigator asked for the author to be remanded in custody due
to the gravity of the crime committed. It is further stated that the court authorized the author’s remand
on grounds of the risk that he would flee to another country and that, if he were released, he would
obstruct the investigation.
The letter does not state the cause of the head injury.
According to a later submission by the State party, the author was transferred to pretrial detention
facility No. 5 on 10 July 2010.