CCPR/C/130/D/2160/2012 3.2 The author claims a violation of article 9 (1) of the Covenant because the Osh city court failed to examine the legality of his arrest and did not consider any alternatives to detention. 3.3 The author claims that he has not received a fair and public trial, in violation of his rights guaranteed under article 14 (1) of the Covenant, because his trial was held on the premises of a military unit. He also claims a violation of article 14 (3) (e) because the court did not summon witnesses who could have confirmed his alibi to testify in court and, in general, due to security threats, the defence was not able to obtain the attendance and examination of witnesses for the defence under the same conditions as witnesses for the prosecution; he furthermore claims a violation of article 14 (3) (g) because he was forced to confess to being guilty of the charges against him. 3.4 The author also claims that he was unfairly targeted because of his Uzbek ethnicity, in violation of article 26 of the Covenant. State party’s observations on admissibility and the merits 4.1 By note verbale of 4 October 2012, the State party submitted its observations on the merits of the communication. The State party submits that, on 13 June 2010, the head of the Kara-Suu district police, along with his driver and the deputy mayor of Kara-Suu district, drove to the Tadjik-Abad neighbourhood in Kara-Suu district to uphold public order after receiving reports of mass riots and ethnic clashes. While talking to leaders of the Uzbek side, they were attacked by unknown men, as a result of which the head of the district police and his driver were killed. The prosecutor’s office of Osh province charged 10 men, including the author, with crimes. On 29 October 2010, the Kara-Suu district court found the author guilty of the charges against him and sentenced him to 25 years in prison, with confiscation of property. On 27 December 2010, the Osh provincial court changed one of the charges of which he had been found guilty from murder to complicity in murder, but upheld the final sentence. On 12 May 2011, the Supreme Court of Kyrgyzstan upheld the decision of the Osh provincial court. 4.2 The State party submits that the Osh city court examined the legality and reasonableness of the author’s arrest and decided to remand him in custody until trial. The State party notes, however, that the author has not appealed the decision of the first instance court to the court of cassation. 4.3 With regard to the ruling of the Kara-Suu district court of 29 October 2010, the State party reiterates that it was upheld by both the Osh provincial court and the Supreme Court of Kyrgyzstan. The State party notes that the Supreme Court’s decision is final and cannot be appealed further. 4.4 The State party submits that, according to the author’s medical records, on 10 July 2010, he was transferred from the temporary detention unit to detention facility No. 50, where he underwent a medical examination which concluded that his health condition was satisfactory and that he did not have any health-related complaints. Furthermore, on 4 February 2011, the author was transferred to detention facility No. 21 to serve his sentence and since then has not submitted any complaints about any injuries received to the facility’s medical staff. Author’s additional comments 5. On 29 March 2015, the author informed the Committee that, on 27 March 2015, the Osh provincial department of the National Security Committee conducted searches in the offices of the Bir Duyno Kyrgyzstan human rights movement, where the counsel for the author works, and at the places of residence of the counsel and his colleague, Valerian Vakhitov. During the search, the authorities seized laptops, memory cards, voice recorders and disks, which contained information about criminal cases the lawyers were involved in. The laptops also contained information related to individual communications submitted to 4

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