CCPR/C/124/D/2892/2016
The facts as submitted by the author
2.1
On 15 February 2012, at around noon, the author was arrested in his apartment by
police on suspicion of murder and car theft. He was beaten by the police officers during the
arrest and taken to the principal criminal investigations police department in Bishkek. There
he was beaten by several police officers for 3−4 minutes while lying on the floor. They hit
him on the head and soft body parts with their hands and feet. Afterwards he spoke to a
senior officer, who ordered his transfer to the Pervomaysky district department of internal
affairs in Bishkek. The author alleges that the police officers threatened him by saying that
the fate of his children was in their hands.
2.2
Later that day, at the Pervomaysky district department of internal affairs (UVD), an
officer in civilian clothes threatened to rape him with a police baton and started to pull
down the author’s trousers, at the same time beating him on the head. The author resisted,
and after 10−15 minutes he was left alone in one of the offices. Every time officers passed
through the office, they hit the author on the head. Sometime later they brought two plastic
bags and put them over the author’s head. He resisted, and was hit on the left side of the
ribs. He managed to bite through the plastic bags before being suffocated. One of the
officers suggested using electroshock. The author then asked to meet with the investigator
and was beaten again, including on the head. At around 11.30 p.m., the author talked to the
investigator. The investigator told the author that his confession could be exchanged for
land property documents seized by the police during the search of his apartment. The author
signed the confession. At around 12.30 a.m. the next day, he was taken to the temporary
holding facility at the Pervomaysky district unit of internal affairs. The day after he was
transferred to the temporary detention facility (IVS) at the principal department of internal
affairs (GUVD) in Bishkek.
2.3
On 17 April 2012, the author’s mother filed a complaint with the Pervomaysky
district prosecutor’s office in Bishkek about the alleged torture of her son by police officers
and the unlawful search by the police of their apartment, during which $47,500 had
disappeared. On 25 April, the prosecutor’s office refused to open a criminal case based on
an investigation of her allegations, because of the lack of evidence. The prosecutor
questioned the police officers involved in the search and the arrest of the author, who
denied their involvement in the disappearance of the money. He also requested information
contained in medical documents from IVS GUVD and pretrial detention centre (SIZO) No.
1 in Bishkek. According to these documents, the author had not complained about any
physical injuries. The investigator did not request a forensic examination of the author and
closed the investigation based on the police officers’ testimonies.
2.4
On 7 May 2012, the Bishkek city prosecutor’s office reversed the prosecutor’s
decision of 25 April 2012 and ordered the Pervomaysky district prosecutor’s office to carry
out additional investigations. On 6 June, after additional investigations, the Pervomaysky
district prosecutor’s office refused to open a criminal case on the grounds that a criminal
case against the author was pending before the Pervomaysky district court in Bishkek. On 8
June, the Pervomaysky district prosecutor repealed this decision and ordered additional
investigations. On 18 June, the Pervomaysky district prosecutor’s office again refused to
open a criminal case after questioning one of the two witnesses present at the search of the
author’s apartment regarding the money that had allegedly disappeared. No additional
investigation into the torture allegations was carried out. On 9 July, the Pervomaysky
district prosecutor’s office reversed the decision of 18 June. On 18 July, the investigation
was closed again with a refusal to open a criminal case and without any additional
investigation into the allegations of torture. This decision was repealed by the Bishkek city
prosecutor’s office on 20 July.
2.5
On 30 July 2012, the Bishkek city prosecutor’s office decided not to open a criminal
case on the basis of newly collected information. The prosecutor’s office requested the
results of a forensic examination, which stated that the author did not have any injuries. The
prosecutor also questioned the general practitioner of SIZO No. 1, who stated that on 18
February 2012, when the author was admitted to the SIZO, he had bruises on both
shoulders. The prosecutor also had medical certificate No. 927 from Bishkek city hospital
No. 4, in which it was stated that he had bruises. When asked about the nature of the bruises,
the author explained to the general practitioner that he had been bruised at his sports
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