Advance unedited version CCPR/C/130/D/2432/2014 4.2 The State party submits that on 11 June 2009, the author was detained on suspicion of committing this crime, and was charged with hooliganism and inflicting bodily injury leading to death. On 28 September 2009, the author was acquitted by the Pervomaisk District Court due to the lack of evidence against him On 21 December 2009, this verdict was however overturned by the Bishkek City Court, and the author was found guilty and sentenced to nine years of imprisonment. This verdict and sentence was later fully upheld by the Supreme Court. 4.3 Mr. Boyarkin’s guilt has been proven by medical and forensic evidence and testimonies of witnesses, including his spouse, T. P., as well as K.K., and other “undisputable” evidence.3 As for the complaints that the authors were tortured, these claims were examined by the prosecutor’s office which on 28 June 2009 refused to initiate a criminal investigation, due to the fact that the information related to the torture claims “was not confirmed”.4 The authors filed several additional complaints claiming torture, and all of them were rejected.5 It has to be noted that the injuries were sustained by the author when he was being apprehended. His claim that he was tortured can be considered as an “attempt to avoid responsibility” for his actions. Author’s comments on the State party’s observations 5.1 On 17 August 2018, the authors reiterated their previous submission, and confirmed that they both were tortured to pressure Mr. Boyarkin into confessing guilt in crimes he did not commit. By providing information on Mr. Boyarkin’s previous conviction, the State party tries to justify use of torture against the authors. Mr. Boyarkin’s guilt was proven only with his forced confession, which he has retracted on numerous occasions, and no other evidence. Meanwhile, two witnesses, C.H.G. and G.O.V., testified in court that they saw the author being taken from his home, and that they did not see any bruises on him. Due to lack of evidence, the Pervomaisk District Court acquitted the author. The Bishkek City Court and the Supreme Court reasoned in their decisions that the author had a motive to commit this crime (alleged jealousy), but did not refer to any other evidence. 5.2 The State party failed to explain to the Committee why the author was showing bruises when he was admitted to the pre-trial detention centre, nor did it provide information regarding any effective investigation of the torture allegations. There is no information in the criminal case against Mr. Boyarkin that he resisted his arrest or that he tried to flee. 5.3 The investigation into the torture allegations was limited to posing questions to the police officers. The State party failed to question the victims. No medical, psychologic or psychiatric evaluations were conducted. The State party altogether ignores the complaints of Ms. T. P., though she also filed complaints to the prosecutor’s office. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a communication, the Human Rights Committee must, in accordance with rule 97 of its rules of procedure, decide whether or not it is admissible under the Optional Protocol to the Covenant. 6.2 The Committee has ascertained, as required under article 5(2)(a), of the Optional Protocol, that the same matter is not being examined under another procedure of international investigation or settlement. 6.3 The Committee takes note of the claim that the authors have exhausted all available effective domestic remedies. In the absence of any objection by the State party in this connection, the Committee considers that the requirements of article 5(2)(b) of the Optional Protocol have been met. 3 4 5 No further information is provided. No further details of this investigation are provided. The State party provides no additional information here. 3

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