Advance unedited version CCPR/C/130/D/2432/2014
The facts as presented by the authors
2.1
The authors claim that on 10 June 2009, Mr. Boyarkin was arrested in his house by
police officers of the Pervomaisk district, in the city of Bishkek. During the arrest, the police
officers never presented their identification documents, nor did they provide reasons for the
arrest. They did not let Oleg Boyarkin change into street clothes from his pyjamas, and
pushed him out of the house. Mr. Boyarkin was then interrogated for two days, without
formal charges, and without participation of a lawyer. He was subsequently informed that he
was being held as a suspect on charges of hooliganism and inflicting serious bodily injury
leading to death.1
2.2
The authors submit that during both days in detention, the police officers tortured Oleg
Boyarkin by severely beating him and suffocating him with plastic bag over his head. At
times, Oleg Boyarkin was taken to the courtyard of the police station where he was doused
with cold water. The author was told that the torture would stop once he were to confess his
guilt in relation to the alleged crimes. Mr. Boyarkin refused, and on 11 June 2009, the police
officers brought his wife, T. P., and started beating and torturing her as well. She was hit in
the face and on the palms of her hands, and also verbally degraded, all in front of her husband.
The authors submit that they could not stand the beating and torture and that Oleg Boyarkin
was forced to incriminate himself in crimes he did not commit. He wrote a confession, the
text of which had been given to him by the police officers.
2.3
The authors submit that on 12 June 2009, the Pervomaisk District Court decided to
detain Mr. Boyarkin pending trial. On the same day, T. P., who had in the meantime been
released, submitted a torture complaint to the prosecutor of the Pervomaisk District, which
was rejected. On 13 June 2009, when Mr. Boyarkin was brought to the pre-trial detention
centre SIZO-1 in Bishkek, a medical examination revealed bloody bruises on different parts
of his body, which were documented 2 . The authors tried to complain, again, to the
prosecutor’s office and the courts about torture in the hands of the police officers, regarding
both authors. Their complaints, dated 12 June 2009, 22 June 2009, 16 July 2009 and 2
February 2010, were all rejected by the prosecutor’s office of the Pervomaisk District. The
authors then complained to the Pervomaisk District Court, which rejected their complaint on
7 May 2010. The Bishkek City Court rejected their appeal on 15 June 2010, and on 1
September 2010, their claims were rejected by the Supreme Court of Kyrgyzstan. In all their
complaints, the authors specifically indicated the names of the police officers, T.D., A.M.,
and T.T., who performed the beatings. The authors therefore contend that they have
exhausted all available domestic remedies.
2.4
The authors submit that on 21 December 2009, Oleg Boyarkin was found guilty of
inflicting serious bodily injury resulting in death, and sentenced to nine years of
imprisonment. On 27 April 2010, the Supreme Court of Kyrgyzstan rejected his appeal, and
on 21 December 2009, the same court rejected his supervisory review appeal.
The complaint
3.
The authors claim that the State party has violated their rights under article 7 read
alone and in conjunction with article 2(3), of the Covenant, as they were subjected to torture
and physical ill-treatment by State party authorities, which then failed to investigate their
claims and remedy the alleged violations.
State party’s observations
4.1
On 1 December 2016, the State party provided its comments on admissibility and
merits by submitting information from the Office of the Prosecutor General and the Supreme
Court of Kyrgyzstan. It recalls that on 26 April 2009, Mr. Boyarkin, who was previously
convicted for murder, arrived at the residence of Mr. Knyazev in the city of Bishkek. Feeling
“jealousy” towards his wife, the author caused various bodily injuries to Mr. Knyazev, who
died as a result in a hospital.
2
2
The authors provide a copy of this medical certificate.