CCPR/C/116/D/2231/2012 a witness but in fact he was detained as a suspect. He was formally arrested on 16 June 2010 in the presence of an appointed lawyer. 5.8 The communication also describes numerous conditions that led to a flagrantly unfair trial, including ongoing torture of the author, intimidation, threats and violence against the defence lawyers and witnesses and the court’s failure to secure the courtroom. The State party chooses to ignore evidence of witness intimidation and instead relies on statements from the court officials who allowed this situation to occur. 5.9 The State party further fails to provide a plausible response to important corroborating testimony from the author’s brother, who was detained with him on the night of 15 June 2010. Both were detained without any charges and were repeatedly beaten. 5.10 The author has provided extensive reports from the civil society and independent trial monitors who suggested during the trial that he had been ill-treated. The International Commission of Jurists provides a detailed description of the author’s arrest, detention and torture and describes the degree of courtroom harassment and intimidation of defence lawyers and defence witnesses. The State party instead relies on statements from prosecutors and judges. 5.11 The State party further ignored affidavits submitted by Dr. Crosby, which show clear and compelling evidence that the author suffered severe and lasting injuries as a result of his arrest and incarceration. The expert finds that the symptoms suffered by the author to be “highly consistent” with a traumatic brain injury, and that the author’s description of blunt force trauma to the chest is consistent with the X-rays that revealed fractured ribs. 5.12 The State party confirms the overcrowding in the Zhalal-Abad detention centre. The State party also confirms that the author was detained at the temporary detention centre at the Bazar-Korgon police station, in violation of the domestic law. While denying that there had been violence in the courtroom, including threats and attacks against the defendants, lawyers and witnesses, the State party confirms that the hearings were moved to Nooken to ensure the security of the defendants and other participants in the trial. One of the convoys transporting the defendants included police officers from Bazar-Korgon district who were recognized as victims themselves. 5.13 The officials designated by the State party to undertake the new investigation in response to the author’s communication addressed to the Committee did not seek to interview any of the witnesses for the defence. The only person interviewed who was nominally associated with the author was the lawyer, Mr. Myrzakulov. The investigators failed to interview the two lawyers who actually represented the author during the trial, Mr. Toktakunov and Mr. Abylakimov. 5.14 The author further contends that since the State party’s investigation failed, there is a need for an independent commission of inquiry to remedy the violations of the Covenant. According to the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Principles), investigations shall be undertaken through an “independent commission of inquiry or similar procedure”.14 The composition of the commission must ensure the independence of the members. 5.15 The author further requests that the Committee consider his case urgently. His health as well as his life are at great risk, as he suffers from coronary artery disease and other 14 The author refers to the publication entitled Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the principles are annexed. 11