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