CCPR/C/115/D/2052/2011
2.6
The author submits that, despite this physical evidence and despite requests by the
victim’s family for an investigation, the police and prosecution failed to conduct a thorough
and impartial criminal investigation. The police went to the family’s home on 4 May 2005,
led by Z.T., the officer whom the victim claimed orchestrated the beatings, and then waited
21 days before officially launching the investigation. On 6 May 2005, the author petitioned
the Uzgen inter-district prosecutor’s office and the chief executive of Uzgen district to
investigate the death of his son. On 25 May 2005, he complained to the President of
Kyrgyzstan, noting that the law enforcement authorities had failed to prosecute and punish
those responsible for his son’s death despite having “brought this matter to all levels”.
According to Kyrgyz law, manslaughter investigations shall be completed within two
months, but, on 18 July 2005, the investigation period was extended for an additional three
months by a decision of a prosecutor.
2.7
On 4 August 2005, the author sent a complaint to the Ministry of Internal Affairs
requesting that steps be taken with respect to the police officers believed to have taken part
in the torture of his son. On 10 August 2005, the Ministry issued a report responding to the
author’s complaint and recommending that the investigation against the police officers be
closed since “questioning of police personnel at the Mirza-Aki police district established
that the beating and infliction of bodily injury on T. Akmatov were impossible”, without
providing any further reasoning or explanation.
2.8
On 22 August 2005, the Osh regional prosecutor’s office extended the investigation
period for an additional four months and ordered an additional medical forensic
examination. On 23 September 2005, the supplemental conclusions of the medical forensic
review confirmed the injuries identified in the first examination, but did not rule out the
possibility that the victim had obtained such injuries by falling down the stairs. On 24
September 2005, the Uzgen district prosecutor’s office decided to suspend the investigation
because it could not identify those responsible.
2.9
On 20 April 2006, the prosecutor’s office requested the exhumation of the body and
scheduled a medical forensic examination by a commission of experts. On 12 August 2006,
the experts agreed that most of the injuries had been caused by blunt, hard objects, but did
not exclude the possibility of a fall. On 27 December 2006, the Deputy Prosecutor General
rescinded the order to suspend the investigation, extended its period until 19 February 2007
and sent the case to the regional prosecutor’s office. Also on 19 February 2007, the head
investigator of the prosecutor’s office suspended the case for a second time. On 1 March
2007, the lawyer petitioned the chief case investigator to question the officer on duty on 3
May 2005, M.E. The questioning took place on 22 April 2007, which is when M.E.
recounted having seen police officers torturing the victim. On 16 May 2007, the
investigation was extended until 23 June 2007.
2.10 On 21 June 2007, the investigator from the prosecutor’s office again questioned
M.E., who retracted his earlier statements. On 23 June 2007, the date of expiration of the
latest extension, the investigation was suspended again. On 15 June 2007, following a
petition from the family’s lawyer, the prosecutor’s office authorized an independent
forensic expert to travel to the incident site and review the conclusions of the earlier
autopsy and medical forensic examinations. On 11 October 2007, the expert issued his
report, which revealed contusions that had been missed in the previous reports and which
excluded the possibility of death resulting from a fall.
could have greatly contributed to the death. The commission stated clearly that the injuries could not
have been caused by the victim’s fall from a bench.
4