CCPR/C/118/D/2127/2011
1.
The author is Urmatbek Akunov, a Kyrgyz national born in 1981, who submits the
communication on behalf of his father, Bektemir Akunov, also a Kyrgyz national born in
1954 and deceased in 2007. The author claims that his father’s detention, torture and
subsequent death in custody constitute a violation of articles 6 (1) and 7, read alone and in
conjunction with article 2 (3), and of articles 9 (1) and 19 of the Covenant. The Optional
Protocol entered into force for the State party on 7 January 1995. The author is represented
by counsel.
The facts as submitted by the author
2.1
Bektemir Akunov was a civic activist in Kyrgyzstan. After participating in a series
of hunger strikes and political protests in Bishkek in early April 2007, 1 on 14 April, he
returned to the town of Naryn and at approximately 7 p.m. went to the mayor’s office at the
City Hall to request a meeting with the authorities to discuss the possibility of organizing
political protests in Naryn.
2.2
According to statements made later by the police, at 7.30 p.m. a staff member of the
mayor’s office called the police and claimed that an intoxicated man was acting in a rowdy
manner. In response, the Deputy Chief of the Department of Internal Affairs, S.K., went to
the City Hall, spoke to the staff member of the mayor’s office who had called the police
and left. S.K. was called again at approximately 8.30 p.m., as the staff member of the
mayor’s office claimed that Mr. Akunov had returned to the City Hall, had been smoking
and had sworn at the reception desk officer. It was also claimed that Mr. Akunov had called
the mayor of Naryn on his home number. While S.K. was at the City Hall, he claims that
the mayor approached him and told him to “take steps within the bounds of the law”.
According to S.K., he began to search for Mr. Akunov on the streets of Naryn by car and
found him walking near the Drama Theatre. S.K. stopped the car and asked Mr. Akunov to
get in because there was a complaint against him. Mr. Akunov was brought by S.K. to the
Department of Internal Affairs (the police station) at approximately 10 p.m. The case was
assigned to the officer on duty, T.N., who called a toxicologist to carry out an alcohol test
on Mr. Akunov.
2.3
According to the author, the police report made at the time of Mr. Akunov’s
detention contains a number of irregularities. The report states that Mr. Akunov was
detained under article 366 of the Administrative Liability Code, which relates to
intoxication in public. Under that provision, a person may be detained for three hours and
then must be released.2 However, the detention record was subsequently changed without
explanation and the basis for Mr. Akunov’s detention was changed to article 364 of the
Administrative Liability Code, which refers to disturbing public order and which authorizes
detention for a longer period. In addition, the report did not contain the signature of the
police officer who compiled it or of any witnesses, contrary to standard procedure.
Furthermore, part of the form, including the police officer’s surname and Mr. Akunov’s
personal data, was filled out with one pen, whereas other elements, including the names of
the witnesses and grounds for detention, were written with a different pen.
1
2
2
The hunger strikes and political protests were organized by the United Front for a Worthy Future for
Kyrgyzstan (United Front) and the author’s father took part as an independent civic activist. The
participants proposed, inter alia, a number of constitutional reforms and called for the resignation of
the then President, Kurmanbek Bakiev. Following the hunger strike that lasted from 6 to 11 April
2007, Mr. Akunov and other participants continued their protests by engaging in anti-government
rallies in Bishkek from 11 to 14 April. During the rallies, Mr. Akunov marched in the front row of the
protesters, while carrying the national flag and followed by approximately 100 people, to the seat of
the President. Several members of the United Front were later persecuted by the Government
following the demonstrations in April 2007.
Reference is made to article 565 of the Administrative Liability Code.