CCPR/C/116/D/2231/2012
officer physically attacked the author’s lawyer on the premises of the police station and at
the prosecutor’s office while the police and local prosecutors refused to intervene. The
police terminated one of the lawyer’s only private meetings with the author after 10
minutes; throughout the entirety of the two-month-long investigation, they had less than
two hours together to discuss the case.
2.6
The author claims that he was tried along with seven co-defendants in the district
court, beginning on 2 September 2010. The trial was flagrantly unfair and amounted to a
denial of justice. The author’s lawyer was not able to participate in the first day of the trial
because he had been notified of the hearing only the night before and he lived in Bishkek, a
10-hour drive away. The author pleaded not guilty to all charges, as he had been at home
when the policeman was killed, but the court did not permit his lawyers to present evidence
in his favour. In the absence of the author’s lawyer on the first day of the trial, the court
heard 16 prosecution witnesses, including 14 police officers from the Bazar-Korgon police
station.
2.7
The author submits that relatives of the deceased police officer constantly threatened
and intimidated the author’s defence team, his seven co-defendants and potential witnesses
inside and outside the courtroom. The relatives stated, for example, that they had “hired
killers for every defence lawyer” participating in the hearings. The presiding judge made no
effort to protect defence counsel or maintain order in the courtroom. The atmosphere of
intimidation in the courtroom prevented defence counsel from making legal applications,
calling witnesses for the defence or cross-examining prosecution witnesses.
2.8
The author and his co-defendants were also beaten during the trial. After the first
hearing, police opened the cage in which they were held and beat them right in the
courtroom. Later that evening, 20 police officers beat the author and the other defendants,
who were handcuffed and unable to protect themselves, for several hours in the backyard of
the police station where they were held during the trial. While beating them, the officers
told them they must remain quiet and give only “yes” or “no” answers in the courtroom.
2.9
Without considering any evidence presented by the defence, the district court held
the last hearing on 8 September 2010. During the hearing, the lawyer, Mr. Toktakunov,
reiterated that the author had been tortured. He also complained about the lack of adequate
access to his client and to the criminal case file. On 15 September, the district court found
the author guilty of instigating ethnic hatred, inciting disorder and complicity in the murder
of the police officer as well as attempted murder of other officers, calling for the mayor to
be taken hostage and possession of 10 rounds of ammunition. The court sentenced him to
life imprisonment. It also convicted all seven of his co-defendants, sentencing four to life
imprisonment and the other three to prison terms of between 9 and 20 years.
2.10 Lawyers for the author and his co-defendants appealed the convictions to the ZhalalAbad Regional Court and on 9 October 2010, the author and his co-defendants were
transferred to Suzak police station in preparation for the appeal hearings. On arrival at the
station, they were taken to the backyard, forced to remove their clothing and beaten by
police officers wearing black masks who told the author: “If you had not written against the
police … we would not be beating you.”
2.11 On 23 October 2010, the hearing was transferred to the courthouse in Tash-Kumyr
village. Upon arrival at the police station there, the author’s medication was confiscated and
his co-defendants were again stripped and beaten by masked police officers. After one day
of hearings in Tash-Kumyr, the venue was again changed, to the courthouse in Nooken
village. The appeal hearings before the Zhalal-Abad Regional Court in both Tash-Kumyr
and Nooken were characterized by violations similar to those that had occurred at the trial.
In addition, relatives of the deceased officer shouted at and threatened the defence lawyers
during the hearings.
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