Nine out of the total number of criminal cases initiated on the basis of the complaints coming from non-governmental organizations were submitted to court to be considered on the merits. By the time this report was written, no decision had been reached on the merits. Real-life example – Kylym Shamy: M.Ch. and S.A., born in 1988 and 1987 respectively, were subjected to torture, first near the Narodniy store and later in the duty section of the Tokmok Interior Department, by eight law enforcement officers who were trying to force them to confess to disorderly conduct and drinking alcoholic beverages. The Tokmok prosecutor’s office launched criminal proceedings against a police patrol officer, T.T., junior detective officer of the Chief Department for Combating Illegal Drug Trade, T.U., traffic police officer, S.A., and a neighbourhood police officer working at police station No. 3 under the Tokmok Interior Department, K.R., with charges brought against them as per Article 305, Section 2, para. 3 (Exceeding official authority) of the CC KR. According to the resolution of the Tokmok prosecutor’s office, the police officers were dismissed from their position, while the criminal case was submitted to court to be considered on the merits. As of now, the criminal case has been suspended due to illness of the defendant, K.R. In 108 cases, law enforcement agencies refused to initiate criminal proceedings, including the following:     25 – Kylym Shamy; 39 - Spravedlivost; 13 – Luch Solomona; 31- Golos Svobody. Real-life example – Spravedlivost: Mr. K.B., born in 1993, was arrested on 21 July 2012 in his own house in Jalal-Abad by 15 operative officers of the Interior Departments of the Aksy region. While this was taking place, he was beaten brutally and strangled with their hands, after which he was taken out of the house, unconscious. When they took the man to a TDF, police officers Abdrashit, Janysh and Tynash beat him in the abdomen and on the head. They put a sack on his head. Since the chief of the TDF took away all bedding, the man had to sleep on the concrete floor. In the course of the monitoring visit to the TDF of the Aksy region, K.B. told the observers about the torture. The observers submitted his complaint to the prosecution agency of the Aksy region which refused to initiate criminal proceedings due to the absence of elements of a crime. On 1 November 2012, this refusal was appealed in the Aksy District Court. Real-life example – Kylym Shamy: Mr. T.M., born in 1973, was arrested by SCNS and police officers on suspicion of complicity in an explosion in the sheep yard. T.M. was taken to the Alamudun District Interior Department and beaten for several hours. As a result, his teeth were knocked out, several ribs and his collarbone were broken, and both kidneys were badly hurt. This made T.M. a disabled person and he needed a surgery to be performed. Due to financial restraints, T.M.’s family could hire a defence lawyer to help lead the case through the court and help him with rehabilitation. The prosecution agency of the Alamudun District refused to initiate criminal proceedings, to which a lawyer submitted a complaint to the Alamudun District Court. At the time of writing, the complaint was under consideration. Real-life example – Luch Solomona: Mr. M.M., born in 1985, was arrested by police officers on 18 May 2012. He was taken to the second city police station under the Osh Chief Interior Department where they started beating him, insisting that he confess to a number of thefts. They put a plastic bag on his head and cut off the air supply. Not being able to withstand torture, he signed a paper with confessionary statements. A request to initiate criminal proceedings was turned down. 76

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