CCPR/C/118/D/2127/2011
(b)
Make a finding that the State party has violated its obligation to establish
safeguards against torture and arbitrary killings, that it should investigate the torture and
death of Mr. Akunov and provide an effective remedy, under articles 6 (1), 7, and 2 (3) of
the Covenant;
(c)
Make a finding that the State party is also responsible for arbitrarily detaining
Mr. Akunov, in violation of article 9 (1) of the Covenant, and for violating his freedom of
expression under article 19 of the Covenant, as it detained Mr. Akunov in retaliation for the
expression of his political and civic views, and his detention did not pursue legitimate aims;
(d)
Urge the State party to acknowledge the arbitrary nature of Mr. Akunov’s
detention and the role of the State in his torture and death, publish the decision of the
Committee and issue a public apology to the family of Mr. Akunov for the violation of his
rights;
(e)
Urge the State party to create an independent commission of inquiry to
investigate the circumstances of the detention, torture and death of Mr. Akunov. Such a
commission should not be limited to members of the Prosecutor’s Office and/or the
Ministry of Interior but include independent actors, and should have the power to initiate a
criminal prosecution of those found to be the material and intellectual authors of his death;
(f)
Urge the State party to pay just financial compensation to the family for the
torture and unlawful death of Mr. Akunov;
(g)
Urge the State party to provide appropriate training for judges, prosecutors,
lawyers and law enforcement officers on the rights of detainees, the prohibition of torture
and ill-treatment and the prohibition of retaliation against those who engage in civic or
political activism, or express views contrary to or critical of the Government;
(h)
Urge the State party to introduce safeguards to prevent similar violations
from occurring in the future, including the creation of an independent mechanism entrusted
to investigate torture allegations in full accordance with international norms and domestic
legislation; ensure registration of all detainees from the moment of detention and proper
monitoring of detention facilities; ensure prompt and regular medical examinations in
detention; ensure prompt notification of family members and allow visits by family
members and lawyers to those in police detention; and also protect freedom of expression
of all individuals in the State party, including of their political views.
State party’s additional submission
6.1
On 3 September 2013, the State party made an additional submission. Regarding the
facts, it submits that Mr. Akunov entered Naryn City Hall at approximately 7.30 p.m. on 14
April 2017 in a drunken state. Using obscene words, he requested the officers on duty to
call the mayor of Naryn and the governor of the Naryn region. Mr. Akunov did not respond
to the requests of the officers on duty to cease his rowdy conduct. They therefore asked for
police intervention. At approximately 10 p.m. Mr. Akunov was brought to the Naryn city
Department of Internal Affairs, where a medical examination established that he was in a
state of alcoholic intoxication. An officer of the Department of Internal Affairs filed an
administrative offence report under article 364 (1) of the Administrative Liability Code
(disorderly conduct) and the offender was placed in a cell for persons detained for having
committed an administrative offence. At approximately 11.55 a.m. on 15 April 2007, Mr.
Akunov was found hanging from his own shirt in the cell.
6.2
According to the forensic medical examination carried out in order to establish the
cause of Mr. Akunov’s death and bodily injuries, his death resulted from compression of
the neck by a noose in conjunction with an atypical asphyxia (suicide by hanging). On 28
May 2007, the Naryn Prosecutor’s Office granted a motion filed by the author and his
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