CCPR/C/113/D/2054/2011
against the City Court decision was rejected by the Osh Regional Court on 15 March 2007.
The Judicial Collegium of the Supreme Court on Criminal Cases and Administrative
Offences, upon further appeal, on 26 September 2007, revoked the Osh Regional Court
decision and returned the case for a new examination to the Osh City Court. On 15 June
2007, the Osh City Court issued a ruling rejecting as unfounded the author’s appeal against
the action of the Prosecutor’s Office and the decision of 6 February 2006 to terminate the
investigation into the police officers. The author’s subsequent appeal of that ruling was
rejected on 2 August 2007 by the Judicial Collegium of the Osh Regional Court on
Criminal Cases and Administrative Offences. The Judicial Collegium of the Supreme Court
on Criminal Cases and Administrative Offences confirmed the latter decision on
31 October 2007. No further appeal is possible, in accordance with article 96 of the
Constitution.
4.2
The State party submits that, on 26 November 2005, the investigation was assigned
to the Prosecutor’s Office of Osh City. It also submits that in the course of the investigation
the six cellmates of the deceased had been questioned and that they had testified that no
violence had been perpetuated against him by the police officers or by the cellmates
themselves and that he had stated that he wanted to commit suicide. They also stated that
when they woke up at around 6 a.m. on 20 November 2005, they saw the author’s brother
sitting on the toilet cutting his own throat. They called the guards, who opened the door of
the cell and carried him out. An ambulance arrived and took him to the hospital. In the
course of the investigation the ambulance workers were also questioned. They testified that
they had arrived at 6:20 a.m. on 20 November 2005, examined the victim, stopped the
bleeding and transported him to the hospital, and that he was in a serious condition.
Furthermore, the investigators questioned the person who had filed the complaint against
the author’s brother and the wife of that person; they testified that they had not seen the
author’s brother since 27 October 2005, that they had not visited him in detention and that
they had not delivered any products to him. No cutting instruments were found during the
examination of the scene.
4.3
The State party submits that the conclusion of the forensic medical examination,
dated 30 November 2005, stated that the body of the victim showed two cuts on the throat
that had damaged the skin, soft tissues, veins and certain muscles, a cut on the left wrist, a
cut on the left knee and bruises on the stomach, left arm and right leg. The death resulted
from blood loss in the internal organs as a result of the bleeding from the throat wounds. On
16 January 2006, another forensic medical examination was ordered, which concluded that
the neck wounds could have been self-inflicted, but stated that it was not possible to
determine whether that was the case.
4.4
On an unspecified date, the Prosecutor’s Office issued a ruling terminating the
criminal investigation against the cellmates of the author’s brother, since there was no
evidence of a crime. An internal investigation by the Ministry of Internal Affairs had also
been initiated. Following that investigation, on 12 December 2005, the Head of the Internal
Affairs Directorate in Osh issued a reprimand against one police officer who was on duty at
the time of the event and a severe reprimand against the Chief of the police station, citing
bad organization of the work of the station. On 9 February 2006, the case was forwarded
for further investigation to the Investigative Department of the Internal Affairs Directorate
in Osh. On 21 February 2006, the criminal case against the employees of the Osh City
Hospital, who provided medical assistance to the author’s brother, was discontinued since
no crime was found to have been committed by them. A forensic handwriting expert issued
a conclusion, dated 15 August 2006, stating that the suicide note found on the cigarette
pack in the cell was written by the author’s brother. On 1 August 2006, the criminal
investigation into the death of the author’s brother was discontinued on the ground that the
investigators could not find an individual who could be charged with the crime.
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