CCPR/C/119/D/2359/2014
to stand with his face to the wall while unidentified officers took turns to beat him on the
back, head and other parts of the body. As a result, he suffered several broken ribs, as
confirmed in a medical certificate dated 6 October 2012. He could not eat for two weeks,
and only drank water. He was afraid to complain about the torture and mistreatment he
experienced for fear of reprisals. Although Mr. Saidarov was initially detained and
questioned as a witness, he was subsequently arrested as a suspect, approximately two
hours after he was initially taken into custody.
2.8
On 23 June 2010, the court decided to place Mr. Saidarov in pretrial detention. He
was charged with kidnapping, illegal detention and participation in mass riots. Mr. Saidarov
was held at a National Security Service detention facility in Osh until 26 August 2010,
when he was transferred to pretrial detention facility (SIZO) No. 25, where he was detained
until 1 February 2011. On 21 January 2011, Osh city court sentenced Mr. Saidarov to five
years of imprisonment.
2.9
Mr. Vasilov was detained on 20 June 2010. He was taken to the first floor of the
National Security Service building in Osh, where he was forced to stand with his face to the
wall while several unidentified officers beat him. He was then taken to an office in the
building, where six unidentified officers interrogated him about alleged killings and
possession of weapons. He was then undressed and beaten again. Unidentified officers
placed a plastic bag over Mr. Vasilov’s head, causing him to suffocate and lose
consciousness.
2.10 Mr. Vasilov further submits that, on 21 June 2010, he was formally interrogated as a
witness. On 23 June 2010, his status was changed to a suspect and his detention was
authorized by a court. The author claims that he had no access to a lawyer during the entire
interrogation process. Mr. Vasilov, together with his co-defendants, namely the co-authors
of the present communication, requested the court’s permission to call their own witnesses,
who would provide important evidence for the defence. The court rejected their request. At
the end of the trial, Mr. Vasilov was sentenced to three years of imprisonment.
The complaint
3.1
Mr. Saidarov submits that the beatings and torture he suffered at the police station
amounted to a violation of article 7 of the Covenant, read in conjunction with articles 2 (3)
and 10 (2). In their complaints to the Committee, Mr. Davudov, Mr. Vasilov and Mr.
Erbabaev also refer to beatings and ill-treatment, without formally claiming violations of
specific articles of the Covenant. Mr. Saidarov further submits that he has never raised a
complaint with the State party relating to torture or ill-treatment for fear of reprisals. 2
3.2
The authors submit that, in its decision of 23 June 2010 on pretrial detention
measures, Osh city court had failed to evaluate the necessity and legality of their custody, in
violation of article 9 of the Covenant. The authors further submit that the Committee’s
Views in Kulov v. Kyrgyzstan, whereby the Committee found a violation of article 9 (1), as
“the investigators had absolutely no evidence” that the author “wanted to escape or to
obstruct the inquiries” and affirmed that “remand in custody pursuant to lawful arrest must
not only be lawful but reasonable in all the circumstances”, apply to their case. Referring to
the Committee’s Views in Mukong v. Cameroon, which confirmed that “arbitrariness” must
be interpreted more broadly to include elements of inappropriateness, injustice, lack of
predictability and due process of law, the authors claim that their detention was arbitrary, in
violation of article 9 of the Covenant.
3.3
The authors assert the following violations of their rights under article 9 (1) of the
Covenant: they were brought before a judge more than 48 hours after their arrest; they did
not have access to a lawyer from the moment of their arrest; they were interrogated in the
absence of a lawyer; and the charges against them were not included in the report of their
arrest. Mr. Saidarov and Mr. Erbabaev additionally claim violations of article 9 (2) of the
Covenant.
2
These three authors also provide copies of complaints relating to torture submitted by their relatives.
3