CCPR/C/128/D/2710/2015
2010 by the camp’s commander (an Andijan Region local government representative),
which specifically lists the author, under number “10”; and a certificate given to one of the
author’s relatives by the local self-government chairperson corroborating the author’s claim
that seven Kyrgyz citizens stayed at T.K.’s home for four days, before returning to the
refugee camp. In addition, T.K.’s interrogation report and the reply from the customs
service confirm the author’s arrival in Uzbekistan on 10 June 2010 and his stay at T.K.’s
house. Lastly, the author’s passport stamp attests to the fact that he entered the territory of
Uzbekistan on 10 June 2010.
5.5
Notwithstanding the foregoing, the Supreme Court in two instances neither
examined nor took into account the fact that the author had not been present on the territory
of the State party between 10 June and 22 June 2010 and that, consequently, he could not
have committed the crimes he was charged with. The Court did not evaluate properly the
forensic medical report certifying the author’s injuries, or the credibility of the claims that
his confession had been extracted under duress. The forensic medical expert only pointed to
a potential discrepancy regarding the time at which the bodily injuries were inflicted,
without, however, flatly refuting that they were inflicted at the police station. However, it
was this potential discrepancy that was presented as the principal argument for refusing to
initiate criminal proceedings into the author’s allegations of torture.
5.6
The author also claims that the medical expert’s examination did not meet the
criteria of completeness and comprehensiveness, or of validity and substantiation. In
particular, the clinical facts from the time of the alleged torture up until the time of the
expert examination were not described in detail. The record of the medical expert’s
examination only indicated the presence of injuries, without providing a description of their
nature, and therefore lacked a proper analysis of the existing injuries. Despite the author
having complained of pain in the left side of his lumbar region, no relevant examination
was carried out. This resulted in a loss of data on functional disorders, which could have
served as evidence of torture. Furthermore, the author and his defence were not given the
opportunity to challenge the expert’s opinion and to apply for a comprehensive medical,
psychological and psychiatric expert examination involving competent alternative
specialists.
5.7
The author contests the State party’s affirmation that he had been unable to establish
the identity of the individuals and the circumstances of the beating. Although the
preliminary investigation established that on 20 April 2011 the author had been
apprehended and brought to the Department of Internal Affairs in the city of Osh by the
Ministry of the Interior task force for that city, which comprised Mr. M., Mr. K. and Mr. B.,
none of those security officers was interrogated. In addition, there was no “confrontation”
meeting with the author due to the refusal of the Osh Regional Prosecutor’s Office to open
a criminal case and conduct a thorough investigation. Nor was the author questioned by the
Osh Regional Prosecutor’s Office, following the filing of his complaint regarding the
actions of the police officers. Thus, the State party failed to investigate the circumstances
surrounding the author’s beatings, and the opportunity to interrogate witnesses and inspect
the place of torture in a timely manner was lost.2
5.8
The author recalls the steps taken with the domestic authorities. On 22 April 2011,
he and his lawyer filed complaints with the Osh Regional Prosecutor’s Office against the
police officers, who had ill-treated him in order to force him to confess guilt. The same
investigator who was in charge of the investigation in the criminal case against the author
was also assigned to verify the author’s claims of torture, and he ordered a forensic medical
examination for the purpose of identifying the author’s bodily injuries and assessing their
gravity. On 19 May 2011, without having interrogated the police officers concerned, and on
the basis of the conclusion from the forensic medical examination, the investigator refused
to initiate criminal proceedings in relation to the author’s allegations of torture. On 4 May
2011 and 7 June 2011 respectively, the author’s sister and counsel filed complaints with the
Prosecutor General against the police officers who had tortured the author. On 28 June
2011, the Prosecutor General’s Office dismissed the complaints, stating that there were no
2
The author refers to art. 156 (1) of the Criminal Procedure Code, according to which, after having
received a complaint, an investigator must verify thoroughly the arguments stated therein.
5