E/CN.4/2000/9
page 135
685.
Concerning Valeriy Tonkonogov, the Government indicated that he had been
hospitalized at the regional hospital three days after he was arrested in March
1996. The forensic examination reportedly found that he had been subjected to
moderate bodily harm. The Government added that on 20 May 1996, his mother filed
a complaint to the Procurator's Office of Industrialny district in Pavlodar,
which instituted proceedings against the officials of the Pavlodar Office of the
State Investigating Committee (OGSK) for premeditated moderate bodily harm. The
investigations carried out by the Ministry for Internal Affairs and the regional
office of the Kazakhstan National Security Committee (KNB) found on 16 April
1998 that no offence had taken place.
686.
Concerning Yevgeniy Tarasov, the Government confirmed that he had
complained of ill-treatment by three officials from the Ministry for Internal
Affairs, and indicated that those three officials had been killed in Pavlodar in
July 1996 while on duty. The Government also indicated that after several
investigations, his allegations had been declared unfounded.
687.
Concerning Natalya Zabolotnaya and her boyfriend, V.P. Avdeyuk, the
Government confirmed that a medical examination found that they had suffered
bodily harm. On 15 April 1997, the Procurator of Ilichev district in Pavlodar
instituted criminal proceedings against officials of the OGSK. The proceedings
were later terminated on the ground that, according to witnesses, bodily harm
had been caused by other detainees. The Government noted that these two persons
had not complained about unlawful methods of investigation to the Assistant
Procurator who conducted regular checks of the temporary detention centre.
688.
Concerning Viktor Rukavishnikov, the Government confirmed that he
reported the alleged ill-treatment to a trial judge and that a medical
examination confirmed that he had slight bodily injuries. However, the judge is
said to have found that he had sustained those injuries long before he was
arrested.
689.
Concerning Sabit Kashkimbaev, the Government indicated that no evidence
was found that he had been ill-treated while in pre-trial detention. In March
1997, he was reportedly sent to Tashkent, Uzbekistan, to be tried, since his
case had been combined with criminal proceedings being conducted there.
690.
Concerning Boris Dergachev, the Government confirmed the circumstances of
his arrest and that he had suffered moderate bodily harm which required
hospitalization. Preliminary investigations were carried out by the
investigating service of the KNB department for the Astana and Aqmola region,
but were stopped on the ground that the actions of the OGSK officials did not
constitute a criminal offence. The Government finally indicated that the Astana
Procurator's Office had recommended to the OKNB that additional investigations
be carried out.
691.
Concerning Andrey Surgutskov, the Government indicated that he had
confessed in the presence of his lawyer to assaulting a victim and that a
medical examination found that he had sustained no bodily harm. On 22 May 1995,
the day he was charged, he reportedly complained about ill-treatment while being
interrogated and that his earlier statement admitting to the assault had been
obtained under duress. On 20 June 1995, he filed a complaint with the Astana
City Procurator. On 25 June 1995, the investigator decided not to pursue the
case against the militia personnel as their actions did not constitute any
offence. He also complained of ill-treatment during his trial at the Aqmola
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