Real-life example – Luch Solomona:
Mr. A.T., born in 1983, was arrested on 13 July 2012 by officers of the Ak-Buura police station in Osh on
suspicion of theft. After he was arrested, police officers started beating him with their hands and rubber
truncheons to force him to make confessionary statements. A request to initiate criminal proceedings was
turned down.
In 12 cases the refusal to launch criminal proceedings were appealed in court. Of these, in five cases
the court recognized such refusals as illegal, overturned them and submitted case files back to
prosecution bodies for additional investigation and the adoption of relevant legal action.
Real-life example – Kylym Shamy:
In the course of the monitoring visit to the TDF under the Talas province Department of the Interior, J. uulu
M., born in 1980, filed a complaint asking to take action against police officers who had used torture against
him. The Talas region prosecutor’s office issued a resolution on refusing to initiate criminal proceedings due
to the absence of the elements of crime. This resolution was appealed in the Talas District Court which
satisfied the complaint, overturned the resolution and submitted the case files to the Talas region
prosecutor’s office for additional investigation.
Real-life example – Golos Svobody:
Mr. J.K., born in 1974, stood up for a young man near the Karakol bus station who was being beaten by men
wearing police uniforms. As a result, he became a victim of arbitrary police actions himself. Upon carrying
out an inspection on the basis of J.K.’s complaint, a decision was made not to initiate criminal proceedings.
Following J.K.’s complaint, the prosecution agency of Issyk-Kul province overturned the refusal to launch
criminal proceedings and initiated such proceedings as per Article 305 of the CC KR (Exceeding official
authority).
In four cases, the decisions on refusing to launch criminal proceedings were upheld and the
complaints were not satisfied.
Overall, in the course of the monitoring within the project legal assistance was provided to 75
individuals, including 22 victims of torture that were detected during monitoring visits to closed
institutions, including:
Kylym Shamy - 39 (7 victims of torture);
Spravedlivost -7 (1 victim of torture);
Luch Solomona - 23 (13 victims of torture);
Golos Svobody - 6 (1 victim of torture).
Real-life example – Golos Svobody:
In the course of monitoring visits, an underage boy was detected in one of the cells of a pre-trial detention
facility who reported that he was arrested on suspicion of theft by police officers that were beating him to
obtain confessionary statements, also forcing him to say that he was 20 years old. Due to the effort of a
defence lawyer hired by Golos Svobody, a pre-trial restrictive measure with respect to E.E. was changed to
written undertaking not to leave the place. Following the court proceedings, E.E. was sentenced
conditionally.
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