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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