CCPR/C/113/D/2054/2011 detained in the Osh City police station. At the time of his detention, the author’s brother was in sound physical and mental health. On 7 November 2005, the author’s brother was formally charged with violating article 130 of the Criminal Code of Kyrgyzstan, which prohibits forced sodomy. On the same day, the local prosecutor ordered that the author’s brother be transferred to a pretrial detention centre operated by the Ministry of Justice. Despite the prosecutor’s transfer order, and for reasons that were not investigated or explained by the authorities, the author’s brother continued to be held at the police station for a further 13 days. 2.2 On 20 November 2005, shortly after 6:30 a.m., the author’s brother was found unconscious and bleeding profusely from numerous cuts in his detention cell, which was a holding cell, measuring 3 metres by 3 metres, that he shared with six other men. He had cuts on his throat, the inner side of his left wrist and the inner side of his left ankle and abrasions on his left forearm, the inner side of his right ankle and his abdomen, and several of his teeth were missing. After being found by the guards, the author’s brother was taken by ambulance to the Osh central hospital, where he died shortly after his arrival. An autopsy was conducted the same day. In the portion of the autopsy report entitled “circumstances of the case”, it was stated that the “prisoner Rakhmonberdi Ernazarov, 1961, cut his throat for the purpose of committing suicide”. 2.3 The author maintains that throughout the course of his confinement his brother had been subjected to psychological and physical abuse by other men in his cell because of the allegations against him. The authorities were aware of the abuse and also of the risk it posed to his life, but did nothing to prevent, halt or punish it. He was particularly vulnerable because he was charged with a sexual offence against another man. A guard at the police station where he was held told the family lawyer that the author’s brother had been subjected to constant insults, that he had been forced to eat and sleep near the toilet, that his dish and spoon had been damaged by his cellmates to make it difficult for him to eat and that he had been forced to inflict injuries upon himself with metal cutlery. 2.4 Throughout his detention, the author’s brother could not be visited by his family and saw his lawyer only on one occasion. The author and his sisters made repeated attempts to visit him. The police station did not have facilities where visits by relatives could take place. The family was told that they were not permitted to communicate with him and that they could not send him any mail or give him any food. On one occasion when his sisters attempted to visit him they were told by the investigating officer in charge of his case that he was “better off dead”. 2.5 On 21 November 2005, an investigator from the Ministry of Internal Affairs ordered an investigation into the death of Mr. Ernazarov, which was to be led by a prosecutor from the Osh Prosecutor’s Office. On or around the same date, the Department of Internal Security of the Ministry of Internal Affairs ordered an internal investigation of Mr. Ernazarov’s death in custody. The author maintains that both investigations were perfunctory and that both concluded that his brother had committed suicide. The police failed to seize important evidence, question key witnesses, undertake a proper autopsy and investigate why a vulnerable prisoner had been detained in such a way. While the investigations concluded that the author’s brother had cut his own throat, no cutting instrument was ever recovered from the cell. In an independent evaluation of the autopsy report of the author’s brother, Physicians for Human Rights indicated that it would be impossible to conclude from the autopsy report that Mr. Ernazarov’s death was a suicide, and that several injuries detailed in the report were very unusual for a suicide and could indicate that the author’s brother had been trying to defend himself. The report did not provide any timing for the non-lethal injuries and contained contradictory descriptions of the lethal wounds on the throat. 3

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