CCPR/C/116/D/2231/2012 4.20 The State party refers to Mr. Toktakunov’s complaint that on an unspecified date, when he planned to visit the author in the detention centre, he was surrounded by several angry relatives of the deceased police officer, who insulted him, called him a traitor and threatened to kill him. The State party submits that at the time, Mr. Toktakunov did not register any complaints regarding the alleged attacks with the Bazar-Korgon district police. 4.21 Regarding the first lawyer who was present at the author’s detention, the State party submits that Mr. Myrzakulov defended his client to the best of his abilities. The author’s claim that he was acting in the interests of the authorities were not confirmed. At some point, Mr. Myrzakulov was visited by several human rights defenders and lawyers, who took his case file for the author, after which Mr. Myrzakulov stopped representing the author. 4.22 The State party was also able to question several people who were also detained at the time of the author’s detention in Bazar-Korgon. None of them witnessed any torture or beatings, as the author alleges. 4.23 The State party further denies that the author did not receive proper medical care while he was in the detention centre. At least two doctors testified that while the author complained about stomach pains and some bruises, there was no proof that he had been tortured. On 28 June 2010, the prosecutor, Mr. Berdibaev, decided not to initiate a criminal case on the basis of author’s complaints. 4.24 The State party further denies that the author’s cell was overcrowded. The author claims that his cell measured 2 metres by 3.5 metres and held, at various times, between 7 and 12 other detainees. The records of the detention centre show that, at most, there were 9 detainees in the cell between 28 and 31 July, on 31 August and on 1 and 2 September 2010.12 The author’s complaints about the cell’s temperature and water and food supply have not been confirmed; all the detainees received hot meals and hot tea. 4.25 On 24 June 2010, the author was transferred to the Zhalal-Abad Regional Court for consideration of his complaint regarding the conditions of his detention and his request to be released pending trial. While the author complains that at the regional court he was again insulted and threatened by relatives of the deceased police officer, the incident could not be confirmed. The author claims that at the Zhalal-Abad detention centre 16 persons were held in a cell intended for 8. The records of the detention centre, however, show that only 9 people were detained at that time. 4.26 On 2 September 2010, the author was transferred to the Nooken District Court. This was done to ensure the security of defendants and other participants in the hearing. Because of the security concerns, the author and his co-defendants were provided additional police officers for protection during their transportation. Only later was it revealed that some of the police officers in the convoy were also victims of the events related to the author’s charges. This was explained by a lack of sufficient numbers of police officers in the Nooken district police. 4.27 The State party further contends that the author’s claims that he was attacked and insulted in the Nooken District Court were not confirmed. Heightened security measures were employed during the hearings. If some participants shouted during the court hearings, they were immediately stopped by the presiding judge. 4.28 Regarding the author’s request for additional witnesses, the records of the hearings do not show that the defendant or his lawyers made any motions to call additional witnesses. On 7 September 2010, the lawyer, Mr. Toktakunov, requested the court to 12 8 The State party submits that at other times, the number of detainees was lower.