CCPR/C/118/D/2127/2011
lawyer to carry out an additional forensic medical examination, which determined that Mr.
Akunov died from compression of the neck by a noose, resulting in mechanical
asphyxiation, and that there was no link between his death and the other bodily injuries he
had suffered. The State party then reiterates the information summarized in paragraphs 4.1
and 4.2 above.
6.3
Regarding the author’s claim that there was no legal assessment made in relation to
Mr. Akunov’s bodily injuries, the State party submits that according to the conclusions of
the additional forensic medical examination, the abrasions and bruises on the side of Mr.
Akunov’s body that was “in contact with the surrounding objects” could have been caused
by convulsions during his suicide by hanging himself on the iron bar in his cell. The
investigation did not establish any evidence confirming that Mr. Akunov was subjected to
beatings by police officers. For that reason, on 15 February 2008, the Naryn Prosecutor’s
Office decided to terminate the criminal case owing to a lack of corpus delicti in the actions
of police officers. The said decision has not been annulled and is still in force.
6.4
As to the author’s assertions that the investigation in the criminal case was carried
out in a perfunctory manner and that the exact circumstances of Mr. Akunov’s death have
not been established, the State party submits that these assertions “do not correspond to
reality”. Based on the results of the investigation, which included the necessary
investigative actions, two forensic medical examinations and examination of witnesses, it
was established that Mr. Akunov had committed suicide.
6.5
The State party refutes the author’s claims that Mr. Akunov was arbitrarily detained
for having expressed his political views and that there were no grounds for placing him in a
cell for persons detained for having committed an administrative offence. Mr. Akunov was
detained by police officers for having committed an administrative offence, rather than
because of his civic and political activism, and placed in a detention cell in compliance with
the law.
6.6
In response to the author’s claim that Mr. Akunov’s family was not compensated for
the material and moral damages resulting from his death, the State party submits that the
author and his lawyer refused to participate in the hearing of the criminal case by the Naryn
city court and did not make any claim for compensation of damages. Furthermore, the
author did not avail himself of the right to make a civil claim for compensation of moral
and material damages from the culprits.
6.7
As to the author’s assertion that the message allegedly written by Mr. Akunov in
blood on the wall of his cell, which confirmed that he had been tortured, was ignored by the
investigation, the State party submits that this assertion “does not correspond to reality”.
According to the report of the crime scene examination conducted by officers of the Naryn
Prosecutor’s Office on 15 April 2007, there were neither inscriptions on the wall nor other
notes in Mr. Akunov’s cell.
6.8
The State party submits that the rest of the author’s claims are similar to the ones
addressed above. All of his claims have been duly examined and found to be
“uncorroborated”. The author was informed accordingly.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with article 93 of its rules of procedure, whether the communication
is admissible under the Optional Protocol.
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