CCPR/C/118/D/2127/2011
himself. He ran to the cell and saw Mr. Akunov convulsing, hanging from his shirt tied to
the iron bar of his cell at a height of 2.3 m. He tried to help him and, with others, attempted
artificial respiration, but to no avail.
2.10 On 15 April 2007, a government forensic medicine evidence board conducted an
examination of Mr. Akunov’s body, assessing his injuries and the circumstances of his
death. The report determined that death had resulted from compression of the neck by a
noose in conjunction with an atypical asphyxia (suicide by hanging). It identified “an
atypical strangulation indentation, faint, of dark-red colour, width around 1.4 cm”. The
autopsy revealed haemorrhaging and moderate swelling in the brain, which it concluded
was caused by the impact of a hard object, and haemorrhaging in the chest cavity and lungs.
The report also identified a number of external injuries. They included multiple abrasions
and haematomas to the fingers, elbows, knees and toes; bruises on the forearm and shoulder;
abrasions on the head; and 18 linear abrasions around the kidneys and on the back of the
ribcage. It also noted damage to the radiocarpal joint and discolouration of the scrotum. A
chemical analysis of Mr. Akunov’s blood and urine tests, included in the report, indicated
no traces of ethyl alcohol.
2.11 On 7 June 2007, a re-enactment of Mr. Akunov’s self-hanging took place at the
request of his family’s lawyer (the request was submitted on 26 May 2007). On 12 June
2007, other investigations4 led by the State Centre of Forensic Examination of the Ministry
of Justice concluded that the signature on the written statement made by Mr. Akunov, in
which he had admitted that he was drunk, had been executed by him while he was in an
unusual state of agitation or stress. Moreover, an examination of Mr. Akunov’s clothes was
conducted in order to clarify the circumstances of his death. On 11 June 2007, the State
Centre of Forensic Examination noted that the clothes were damaged due to friction or his
being dragged along the ground. In addition, a second forensic medical examination was
carried out by the forensic medicine evidence board, which determined, on 5 July 2007, that
Mr. Akunov had died because of suffocation due to mechanical asphyxiation. The report
concluded that the numerous bruises and cuts on his body were not related to the cause of
death and had most likely been caused by convulsions during the hanging. The author states
that this conclusion was reached, even though Mr. Akunov’s body was suspended from a
smooth iron bar in a bare detention cell. The report did, however, confirm that there were
“rather significant pockets of fresh haemorrhage” in Mr. Akunov’s brain.
2.12 A criminal case was initiated by the Naryn Prosecutor’s Office against the two
police officers who had been on duty, B.K. and B.Zh., and, as a result, they were both
charged on 16 July 2007 with the crime of negligence under article 316 (2) of the Criminal
Code.
2.13 On 18 May 2007, the author submitted a complaint to the Naryn City Prosecutor’s
Office requesting the initiation of criminal proceedings for torture and abuse of authority
against the four police officers who were seen beating Mr. Akunov outside the Department
of Internal Affairs. On 14 July 2007, the Prosecutor’s Office issued a decision refusing to
open criminal proceedings, as there was no evidence that the injuries sustained by Mr.
Akunov were caused by the four police officers. This determination was based on (a)
alleged discrepancies in the eyewitness testimony of residents living close to the police
station and (b) the conclusion of the report issued by the forensic medicine evidence board
on 5 July 2007, which stated that Mr. Akunov might have incurred his injuries as a result of
hanging himself and convulsing.
2.14 On 16 July 2007, the author filed a second petition with the Prosecutor’s Office,
again requesting the initiation of a criminal case against the four police officers involved in
4
4
All additional examinations were requested by the lawyer of Mr. Akunov’s family on 26 May 2007.