CCPR/C/116/D/2231/2012
4.37 The State party concludes that, in general, none of the author’s claims of beatings
and torture were confirmed. The author’s interest in pursuing these claims is to relieve
himself of criminal responsibility. Three psychiatrists examined the author and concluded
that he was “a liar; an obsequious person” and that the author used lies to mislead
international organizations. The author further claims that his criminal prosecution was
motivated by revenge on the part of the law enforcement agencies for his alleged role in the
killing of the police officer.
4.38 The fact that the author tells lies is confirmed by the testimonies of more than 100
witnesses, among them many law enforcement officers, members of the judiciary,
employees of the penitentiary systems, doctors and others. It has been shown that the author
received proper medical care when it was necessary.
Author’s comments on the State party’s observations
5.1
Commenting on the State party’s observations, the author submits that the State
party’s submission fails to address his claims. The State party focuses on interviewing
police officers and prosecution and court officials, without even questioning the author or
his representatives. It is not surprising that the State party concludes in its report that the
author’s allegations were not confirmed.
5.2
At the same time, the State party attempts to impugn the author by attacking and
discrediting his work as a human rights defender, denying that the alleged violations ever
occurred and calling the author “a liar”.
5.3
The State party does not address the author’s claims, but instead challenges the
witness statements that were included in the communication. The State party also ignores
the medical evidence produced by an independent expert, and instead relies only on the
State-sponsored medical examination, which was rejected by independent medical experts
as being “incompetent” or “misleading”.
5.4
The State party’s response takes at face value testimonies and statements made by
government officials involved in the author’s torture, while dismissing the author’s account
as untrue. The author has provided a compelling and consistent account of his ill-treatment.
For example, in late June 2010, the author gave three visiting employees of the Office of
the Ombudsman a written statement regarding the beatings that he had suffered, and he
spoke to the Ombudsman by phone. The State party disregards this pattern of consistency
and, moreover, never interviewed the Ombudsman as part of its investigation.
5.5
The State party fails to consider that the statements made by the author to the
authorities that he was not tortured were made under extreme duress. The statements were
made in response to further threats of torture and threats of abuse against others. The
communication describes at least four separate incidents where the author showed visible
signs of “extensive physical injuries” in the presence of officials, who had an obligation to
investigate and determine their origin.
5.6
On 16 June 2010, the State party issued a press release stating that the author had no
injuries. However, the next day, the author had visible bruises on his face and back. On 22
June, Mr. Toktakunov took photographs of the author’s heavily bruised back and showed
the photographs to the prosecutor in charge of the case. Shortly after the first day of the
author’s trial, 2 September 2010, he was visited by A. Abdirasulova, head of the human
rights organization Kylym Shamy, and by the Deputy Minister of the Interior, Mr.
Alymbekov. Mr. Abdirasulova saw bruises on the author’s face. On 6 September, the
author appeared in court with a visible bruise under his left eye.
5.7
The author reiterates that he was arbitrarily detained, without registration, for almost
24 hours on 15 June 2010. The State party claims that the author was initially questioned as
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