CCPR/C/116/D/2231/2012
17 November 2011, the author underwent echo- and electrocardiograms and was examined
by a cardiologist. Those tests identified no “pathological changes”.
6.8
Regarding the headaches experienced by the author, the doctors conducted an
echoencephalography examination and did not find any issues. The same is true for a visual
test conducted on 31 October 2011 and 14 October 2012. Therefore, the author’s conditions
were examined by several doctors but no pathological changes were identified.
6.9
The State party reiterates its position that it provided all the necessary security
measures for the court hearings. The victims and relatives of the deceased police officer
were warned about keeping order in the courtroom. The State party further confirms that it
collected a vast body of evidence that proved the author’s guilt, including statements by
nine police officers who witnessed the author’s calls to kill the officer. Additional law
enforcement officers — eight in total — testified that they had observed the author at the
scene of the killing of the police officer.
6.10 The State party further denies that the author was tortured or beaten while in
detention. That there was no ill-treatment is confirmed not only by police officers, but also
by his relatives and the human rights defenders who visited the author. Furthermore, while
in detention, the author did not request any medical assistance. Regarding a bruise under his
left eye, the author himself submitted a letter to the judge on 2 September 2010 stating that
he had accidentally bumped into a cellmate’s head.
6.11 Additional claims by Ms. Abdirasulova that she saw signs of torture on the author
also raise doubts. Ms. Abdirasulova did not file any complaints at the time, and submitted
her report only with the present communication to the Committee. The State party argues
that it did in fact question the author, on 10 July and 18 July 2013, with the participation of
the author’s lawyer, Mr. Vakhitov.
6.12 The State party submits that on 5 February 2014, the Deputy Prosecutor General of
Kyrgyzstan refused to continue the investigation because of newly discovered evidence.
The decision was appealed by Mr. Vakhitov to the Oktyabrsk District Court in Bishkek. In
his appeal, the lawyer asked the court to order the Prosecutor General to continue the
investigation. The State party therefore concludes that the author has not yet exhausted all
available domestic remedies.
6.13 The State party further reiterates its position that the author and his lawyers were
provided with all the necessary facilities in preparation for the trial and that the court and
police officers provided the necessary security measures. Furthermore, upon the author’s
conviction, he was provided with all the necessary medical assistance and treatment.
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 rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes that the State party claims that the author failed to exhaust all
available domestic remedies as, at the time of the State party’s most recent submission, the
author’s appeal to the Oktyabrsk District Court was still pending. The Committee notes,
however, that the latest appeal concerns the refusal by the Office of the Prosecutor General
to continue the investigation on the basis of newly discovered evidence or circumstances. It
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