CCPR/C/119/D/2555/2015
The facts as submitted by the author
2.1. Between 3 and 8 August 2012, the author and four other persons (the author’s
brother, Mr. Yu., Mr. T. and Mr. Sh.) were unlawfully detained and tortured by officials of
the Customs Administration of the Tashkent Region (hereinafter referred to as customs)
and the National Security Service on customs premises and in the temporary detention
facility of the Department of the Interior in the Tashkent Region (hereinafter referred to as
the temporary detention facility). The author’s detention during this period was unrecorded.
He was tortured in order to obtain from him a self-incriminating statement in relation to a
drug incident instigated by a Tajik citizen, A., and to disclose the location of the main
physical evidence, a plastic bag containing marijuana. The author claims that the incident
was instigated and the evidence planted by A.
Use of torture and access to counsel
2.2
On 3 August 2012, the author drove to the National Security Service premises in
Bekabad, with his brother, to enquire about Yu.’s arrest in relation to the drug incident. He
was immediately arrested. At 9 or 10 p.m., National Security Service officials drove him to
the customs premises in Tashkent, where on the third floor of the building he was subjected
to torture by National Security Service officials in order to obtain a confession. He was
handcuffed, beaten with a truncheon, kicked and subjected to electric shocks. He lost
consciousness on several occasions. He was tortured and detained on the customs premises
until 4 August 2012.
2.3
On 3 August 2012, at around 11 p.m., the author’s private counsel presented his
warrant of attorney to the investigator in order to meet the author, but was denied access to
him on the grounds that the author was not being detained on National Security Service
premises.
2.4
On 4 August 2012, at around 6 to 8 p.m., the author was driven to the temporary
detention facility. While detained, from 8 p.m. on 4 August until approximately 1 to 3 p.m.
on 8 August 2012, the author was tortured — which included being beaten with a truncheon
and kicked — and subjected to psychological pressure by customs and National Security
Service officials. As a result, he lost consciousness several times.
2.5
On 8 August 2012, the author was transferred to the National Security Service
investigation ward, where he was repeatedly tortured by operational officers of both the
National Security Service and the investigation ward, as well as by specially trained
hardcore criminals. The author was forced to undress in a special room, and was
handcuffed and beaten on different parts of his body, including on his head, legs and
kidneys, and his left ribs were broken. On several occasions, a tall and heavily built
National Security Service officer, an Uzbek national, burned his body hair. The author was
kept naked and handcuffed in a room with a refrigerator-like temperature and in a dark
room with a device producing ultrasounds for six to eight hours. He would be able to
identify the torturers. Although the author states that medical assistance was provided, he
was never asked how the injuries had been inflicted.
2.6
On 8 August 2012, the author was indicted on drug-related charges under articles 25
and 276 (1) of the Criminal Code 1 and officially arrested. His counsel was invited to
participate in investigative activities. At around 5 p.m., the author was brought to the
investigator’s office, but he was not allowed to meet confidentially with his counsel, despite
their requests. The investigator questioned the author as a witness, suspect and accused
under articles 25 and 276 of the Criminal Code. Even afterwards, the counsel was not given
an opportunity to communicate with the author.
2.7
On 20 November 2012, the author was transferred to investigation ward No. 1 of the
Ministry of the Interior. He was detained there until the case file was transferred to the
court in April 2013. He was subjected to psychological pressure by co-detainees, at the
1
2
Preparation for crime and criminal attempt (art. 25); and illegal production, purchase, storage, and
other activities related to narcotic and psychotropic substances without purpose of sale (art. 276).