CCPR/C/118/D/2127/2011 the arrest of his father. He alleged that they had tortured his father to obtain a confession, exceeding their authority, in violation of article 301 and 305 of the Criminal Code. He also requested the initiation of a case against the Deputy Chief of the Department of Internal Affairs, the duty officer who initially processed Mr. Akunov’s detention and the Deputy Chief of the Regional Department of Internal Affairs, all on the same grounds. In the petition he also asserted that the killing of Mr. Akunov had caused substantial pain, suffering and significant harm to the family. On 20 July 2007, the Deputy Public Prosecutor of the Naryn Region replied to the petition, stating that the allegations had been investigated on 16 April 2007 and that a criminal case was in progress against B.K. and B.Zh. The reply did not address the allegations in substance, but simply claimed that there were no grounds to initiate a separate criminal case against other officers of the Naryn City Department of Internal Affairs. 2.15 On 24 August 2007, the author filed a request with the Naryn city court to return the criminal case to the Prosecutor’s Office in order to address deficiencies in its investigation and to conduct a further inquiry. He also requested an investigation and the opening of a criminal case against the police officers who had allegedly beaten Mr. Akunov, as well as against the Deputy Chief, S.K., and the chief of the police station, T.N. On 27 August 2007, the Court upheld the author’s request; however, the Naryn City Prosecutor requested the Naryn regional court to annul the ruling of the city court. On 25 September 2007, the Naryn regional court reviewed the request and upheld the city court order to return the criminal case to the Prosecutor’s Office for further investigation. On 20 December 2007, the Supreme Court upheld the decisions of the Naryn city and regional courts, however, on 15 February 2008, the Prosecutor’s Office concluded once again that no crimes had been committed by the Deputy Chief, S.K., the chief of the police station, T.N., and two officers of the Department of Internal Affairs, and refused to indict them. 2.16 On 25 February 2008, the author submitted an application to the Naryn City Prosecutor, asking that the decision not to indict the police officers be reversed. The application also requested a transfer of the investigation to the Prosecutor General’s Office. On the same day, the Prosecutor denied the author’s application, stating that the investigation had revealed that Mr. Akunov had not been beaten by the police but had sustained his injuries as he escaped from the police station and while he was lying on the ground resisting arrest, or while convulsing after he hung himself. The Prosecutor also concluded that the police had not falsified the detention record, but that the change from article 366 to 364 in the report was the result of a typographical error. 2.17 On 4 April 2008, the Naryn city court heard the case against the two police officers who were on duty on the day of Mr. Akunov’s death, B.K. and B.Zh. The court found B.K. guilty of negligence under article 316 (2) of the Criminal Code and sentenced him to 3 years’ imprisonment with a probation period of one year. The court acquitted B.Zh. The acquittal of B.Zh. was subsequently upheld by the Naryn regional court on 7 May 2008 and by the Supreme Court on 2 September 2008. 2.18 Mr. Akunov’s family obtained a limited award of damages, but not through the criminal process as is usually the case in such matters. On 25 June 2008, the author filed a civil claim against the Ministry of Internal Affairs, along with the Ministry of Finance, for financial damages and compensation for pain and suffering. The claim requested a payment of financial damages of 490,507 soms, 5 required for the continued support of Mr. Akunov’s four surviving children, 6 and substantial compensation for pain and suffering. He also requested an official public apology for the death of his father. On 2 December 2008, the Pervomaysk court in Bishkek awarded the author the bulk of the financial damages that he 5 6 Approximately $11,000. Mr. Akunov was the sole breadwinner in his family. 5