CCPR/C/120/D/2435/2014
3.2
The author further claims that his apprehension and pretrial detention, as well as the
fact that the judge who decided on his detention failed to examine the lawfulness of his
arrest, were in violation of article 9 (1), (3) and (4) of the Covenant.
3.3
The author claims that he did not receive a fair and public hearing, in violation of his
rights under article 14 (1) of the Covenant. He also claims violation of article 14 (3) (e) of
the Covenant, as he was not allowed to call an important witness to testify in his defence.
Furthermore, the confession that had been obtained as a result of torture was used as
evidence against him, in violation of article 14 (3) (g).
3.4
The author claims that he was unfairly targeted because of his ethnicity, in violation
of article 26 of the Covenant.
State party’s observations on admissibility and the merits
4.1
On 6 February and 8 July 2015, the State party provided its observations on the
admissibility and merits of the communication. The State party advises, inter alia, that
during June 2010 events, the chief of the Karasu Police District and his driver were killed,
on 13 June 2010, by then unknown persons. As a result of the investigation, several persons
were arrested, including the author. The author was detained on 22 June 2010.
4.2
The author was charged under several articles of the Criminal Code of Kyrgyzstan,
and on 26 October 2010 was sentenced to life imprisonment. On 27 December 2010, that
verdict and sentence were changed in part and the author’s sentence was reduced to 25
years, by Osh Regional Court. Upon further review by the Supreme Court of Kyrgyzstan,
the author’s sentence of 25 years was confirmed, on 12 May 2011.
4.3
Regarding the author’s claims of torture, the State party submits that on 5 August
2010, the author’s lawyer filed a complaint with the prosecutor’s office, alleging torture at
the hands of Osh police officers. As a result, a medical examination was ordered. On 12
August 2010, the doctor who carried out the examination concluded that although some
injuries had been detected on the author’s body, “they did not correspond to the time and
circumstances” described by the author. The prosecutor’s office therefore refused to initiate
criminal proceedings into the author’s torture claims.
4.4
On 23 September 2010, Osh City Court issued an order to re-examine the author.
The second medical examination, the findings of which were issued on 29 November 2011,
also concluded that there were some minor injuries on the author’s body, but could not
definitively indicate the exact date of infliction of those injuries. The prosecutor’s office
then decided again not to initiate criminal proceedings into the author’s torture claims.
4.5
Furthermore, the author and other co-defendants complained that they were beaten
during a break from court hearings on 29 September 2010 by officers of the special “Sher”
law enforcement unit of the Ministry of Internal Affairs of Kyrgyzstan. The Osh Regional
Bureau of Forensic Medicine carried out an examination of the author and his codefendants, and on 4 October 2010 issued a conclusion, in which it found no signs of any
injuries on any defendants. According to the medical records relating to the author, his
medical condition was assessed as being “satisfactory”.5
4.6
The court hearings were held in the premises of military unit No. 703 of the
Ministry of Internal Affairs of Kyrgyzstan; they were held there only to provide security to
the defendants and their relatives. On the day in question, 29 September 2010, the court
hearings ended at 5.30 p.m., to be resumed on 30 September 2010. It was ascertained that
on 29 September 2010, officers of the special “Sher” law enforcement unit prevented
attacks on defendants from several relatives of the victims.
4.7
During the court hearings on 30 September 2010, one of the lawyers for the
defendants, T.A., complained to the judge that on 29 September 2010, his clients had been
severely beaten by officers of military unit No. 703. That complaint resulted in an angry
reaction from the relatives of victims, who tried to attack the lawyer, T.A. In order to avoid
confrontation, the court hearings were postponed to 19 October 2010.
5
4
The State party does not provide further information on this medical classification.