CCPR/C/132/D/2814/2016 Advance unedited version
1.
The author of the communication is Farkhad Kakharzhanov, a national of Kyrgyzstan
of Uzbek ethnicity, born on 13 November 1987. He claims to be a victim of violation by
Kyrgyzstan of his rights under article 7 of the Covenant. The Optional Protocol entered into
force for Kyrgyzstan on 7 January 1995. The author is represented by an NGO “Human
Rights Advocacy Centre”.
Facts as submitted by the author
2.1
On 19 June 2011, the author, traveling with his parents in a car from Jalal-Abad, was
stopped by two traffic police officers at a checkpoint. Although there were no irregularities,
a police officer bearing personal identification number “OB 097” demanded a bribe. The
author offered to pay 20 Soms1, but the officer refused to take it. Instead, he forcefully moved
the author away from the car and hit him several times in the chest, while shouting racial
slurs.
2.2
On 20 June 2011, the author saw his family doctor with complaints about pain in the
chest. The diagnosis by the doctor mentioned bruises on the chest. On 21 June 2011, the
author filed a formal complaint about ill-treatment and bribe solicitation to the police office
of Uzgen city. A forensic examination (report No. 517), carried out by a forensic expert on
21 June 2011, concluded that the author had no signs of injuries. The expert also examined
the diagnosis of the family doctor and noted that it was not supported by any evidence and
made only on the basis of the author’s oral complains.
2.3
On 2 July 2011 the Uzgen district prosecutor’s office decided not to open criminal
proceedings in the case due to the lack of evidence, at the same time, it ordered to apply
disciplinary sanctions to the identified police officer bearing personal number “OB 097” for
non-observance of internal police conduct regulations. The author appealed against this
decision.
2.4
On 12 July 2011, the Osh regional prosecutor’s office informed the author that the
refusal to open criminal proceedings of 2 July 2011 has been quashed, the case was remitted
for an additional investigation. Upon the author’s request, an additional medical examination
was carried out by a panel of forensic experts on 14 July 2011. The author, inter alia, argued
that the forensic report No. 517 did not take into account personal photos showing bruises on
the author’s chest The examination (report No. 16) did not find any signs of injuries at the
author’s body. The report indicated that the photos presented by the author had no name, date
or time stamp on them. They showed only the upper chest of an individual with nine dark
round spots on it. Experts were unable to conclude whether these were bruises. Face of the
individual on these photos was cropped. On 22 July 2011, the Uzgen district prosecutor’s
office refused to open criminal proceedings in the case.
2.5
The author appealed to the Uzgen District Court against the refusal of the Uzgen
district prosecutor’s office to open criminal investigation. The court dismissed the appeal on
2 November 2012 as unsubstantiated. The author appealed to the Osh Regional Court, which
dismissed the appeal on 8 April 2013. On 27 October 2015 the Supreme Court endorsed the
lower courts’ decisions and dismissed the author’s appeal.
2.6
On 7 July 2011, the author was diagnosed with cardioneurosis by his family doctor.
The author has been also receiving psychotherapy sessions in a treatment centre from 6 to 16
August 2011 since the symptoms of his vegetative-vascular dystonia ncreased, according to
the author’s claims, after the stress caused by the 2010 conflict in Jalal-Abad2 and by the
police beating.
Complaint
3.
The author alleges that Kyrgyzstan violated article 7 of the Covenant during the
investigation and judicial proceedings in his case. He argues that he was ill-treated and
1
2
2
Approximately 0.20 EUR.
The author refers to the 2010 clashes between ethnic Kyrgyz and Uzbeks in southern Kyrgyzstan,
primarily in the cities of Osh and Jalal-Abad.