CCPR/C/118/D/2127/2011 had requested,7 along with a small sum for moral damages. 8 The moral damages were based solely on the damage caused by the negligence of the officials, who were considered to have allowed his father to commit suicide. Following an appeal by the Ministry of Internal Affairs, on 19 March 2009, a judicial board on civil cases of the Bishkek city court overturned the decision and reduced the award of financial damages from 465,139 to 27,967 soms.9 2.19 In 2009, the author wrote to the then President of Kyrgyzstan, Kurmanbek Bakiev, indicating that his family had been left without their father and had lost their primary source of financial income. A discretionary payment was made from the presidential fund of 50,000 soms10 for the university studies of Mr. Akunov’s daughter11 and 15,000 soms12 for his younger son. 2.20 In June 2010, following a change in government, the author filed a petition with the Prosecutor General’s Office in an attempt to renew the criminal investigation, arguing that neither the investigations nor the courts had considered all the facts and circumstances surrounding the death of Mr. Akunov. On 10 June 2010, the Prosecutor General’s Office ordered that the criminal investigation be recommenced owing to newly discovered circumstances and ordered that the new proceedings be monitored by the Naryn regional prosecutor. On 17 July 2010, the Naryn regional prosecutor concluded his investigation and sent a report to the Supreme Court. The report did not change any findings from the prior investigations. In examining the alleged explanatory statement in which the police claimed Mr. Akunov admitted to having been drunk, the prosecutor recalled that the experts found that it was written in a state of great stress, but maintained that there were no grounds to consider that Mr. Akunov was pressurized to write it. The prosecutor was unable to obtain further evidence from the four local residents who had witnessed the police beating Mr. Akunov: the prosecutor claimed that two eyewitnesses refused to testify, one had died and the fourth could only give vague testimony because so much time had passed. The prosecutor finally identified two issues requiring further investigation. The Supreme Court recognized that various questions still had not been resolved, including the allegation that Mr. Akunov wrote the alleged explanatory statement under pressure and how and where Mr. Akunov had received his injuries. Nevertheless, on 7 October 2010, the Supreme Court refused to continue the investigation on the grounds that the prosecutor had not presented any new facts in his report. 2.21 The author submits that he is not required to pursue other remedies such as civil or disciplinary proceedings and that the penalties which have been imposed, or remedies which have been granted, are inadequate and ineffective. In light of the gravity of the violations against Mr. Akunov, nothing less than a criminal investigation and prosecution would constitute an effective remedy. In addition, the author’s civil claims for compensation have not resulted in an effective remedy. The compensation which was eventually granted was inadequate and failed to recognize or remedy the serious violations of Mr. Akunov’s rights. Mr. Akunov’s family is unable to pursue further civil claims against the police officers involved in his abuse and death, because the criminal charges against those officers have been terminated and civil claims against State officials can only be brought in the context of a criminal prosecution. 7 8 9 10 11 12 6 465,139 soms, approx. $10,200. 100,000 soms, approx. $2,200. Approximately $600. Approximately $1,100. The entire amount was sent directly to the university. Approximately $300.