CCPR/C/113/D/2192/2012
requested the State party not to extradite the author to Kyrgyzstan pending consideration of
his communication.
The facts as presented by the author
2.1
The author lived and worked in Kyrgyzstan until 2008. Between 2005 and 2008, he
worked as a horse trainer in stables that were owned by a relative of former President
Askar Akayev. Horses trained by him often won competitions against horses that belonged
to a certain Mr. Krasnokutsky, son of one of the most prominent businessmen in Bishkek.
The latter proposed that the author come and work for him. The author refused and
Mr. Krasnokutsky threatened that the author would have “problems”. In 2005,
Mr. Krasnokutsky was appointed assistant to the Procurator General of Kyrgyzstan. In
2006, a criminal prosecution against the author was initiated by Mr. Krasnokutsky. The
police arrested the author and tortured him to make him confess to crimes that he did not
commit. The author alleges that he was handcuffed and forced to sit on the floor and that a
gas mask was forcibly placed on his head. One police officer held him down and another
poured vinegar in the gas mask, causing the author to choke. He was beaten with sticks on
the soles of his feet. The torture lasted three days. After that, the police attempted to
transfer him to a pretrial detention centre, but the staff did not accept him, because of the
traces of beatings on his body. He was taken to the Central Temporary Holding Facility,
where he was examined by doctors and placed in quarantine for two months and 17 days.
After that, he was tried and acquitted of all charges.
2.2
In 2008, the author was again arrested and accused of being a member of an
organized criminal group. He was again tortured, but did not confess. He was tried for a
second time, acquitted and released in the courtroom. The author subsequently understood
that he would not be left alone and decided to move to the Russian Federation with his
family. He settled in Moscow.
2.3
On 16 August 2011, the Ysyk-Ata District Court in Kyrgyzstan ordered the author’s
arrest, in relation to charges of banditry and armed robberies by an organized criminal
group. On 14 September 2011, the author was arrested in Moscow and detained on remand
pending extradition. On 14 October 2011, the Butyrsky District Court ordered an extension
of his detention by four months. On 11 March 2012, the Babushkin District Court extended
the detention by two months. The author’s appeal against that decision was rejected by the
Moscow City Court on 16 April 2012. On 4 May 2012, the Babushkin District Court
extended the detention by two more months. The author’s appeal against that decision was
rejected by the Moscow City Court on 13 June 2012. On 11 July 2012, the Babushkin
District Court extended the detention by two more months. The author’s appeal against that
decision was rejected by the Moscow City Court on 13 August 2012. In all, the detention of
the author was extended by a period of one year.
2.4
The author maintains that his detention does not correspond to the requirements of
article 9 of the Covenant, since it violates article 22 of the Constitution and article 108.4 of
the Code of Criminal Procedure of the Russian Federation. The author refers to a decision
of the Constitutional Court of the Russian Federation in а similar case,2 in which it is stated
that detentions should fulfil the requirements of article 22 of the Constitution and
article 108.4 of the Code of Criminal Procedure, namely that decisions regarding pretrial
detention should be taken in a court hearing in the presence of the accused. The author
maintains that the initial ruling of the Ysykatinsky District Court of 16 August 2011, which
2
The author makes reference to Supreme Court Ruling No. 101-O, dated 4 April 2006, on the case of
the Tajik citizen Nasrulloev Khabibulo.
3