CCPR/C/116/D/2231/2012
question two witnesses, A.A. and I.I. The court denied the request, stating that the
witnesses had no connection to the events in question.
4.29 Regarding torture and mistreatment of the author while he was in detention in
Nooken, the State party notes that the allegations were not confirmed during the subsequent
investigation in 2013. Several police officers who were present at the relevant time in the
detention facility were questioned; they stated that they had not witnessed any torture or
mistreatment.
4.30 The State party also contends that while Mr. Toktakunov had filed a complaint on 6
September 2010 regarding the bruise under the author’s left eye, the author himself wrote a
letter to the authorities claiming that he accidentally bumped into the head of a cellmate
who was handcuffed, which allegedly caused the bruise. The author refused a medical
examination.
4.31 On 14 October 2010, the author was transferred to the Suzak district detention
centre. His claim that he was beaten in the backyard of the detention centre was not
confirmed by the testimonies of police officers who were present at the time in question.
Regarding the overcrowding of the cell (six beds for 12 detainees), the State party submits
that that was a result of the “June events”, and that the author always had a separate bed.
The death threats made by the mother of the deceased police officer could not be verified,
as she had died in 2013.
4.32 From 23 October to 4 November 2010, the author was detained in the Tash-Kumyr
city detention centre to enable him to participate in his appeal hearings. Several police
officers were questioned in relation to the author’s claims regarding torture, beatings,
insults and other forms of mistreatment. All the police officers denied having witnessed any
form of mistreatment or having participated in torturing the author. Furthermore, a medical
examination conducted on 5 November did not reveal any injuries to the author.
4.33 On 10 November 2010, the author and his co-defendants were brought to the ZhalalAbad city detention centre. The State party denies the claim that the chief of the detention
centre, Y. Kerimkulov, ordered that the author be beaten.
4.34 On 12 November 2010, the author was taken from Tash-Kumyr detention facility to
Bishkek. En route, he was detained in Toktogul settlement-colony No. 52. There, contrary
to the author’s allegations, he was provided with all the necessary items to spend the night,
such as a mattress and a blanket.
4.35 Regarding the author’s participation in the appeal hearings at the Supreme Court, the
State party submits that on 26 January 2011, the author’s counsel requested that the author
himself be allowed to participate in the hearings. According to articles 374 and 378 of the
Criminal Procedure Code of Kyrgyzstan, the participation of convicted persons in appeal
hearings is at the discretion of the court .13 In the present instance, the court decided to hear
the author’s case without the author being present.
4.36 The State party further submits that the author’s claims regarding inadequate access
to medical facilities were discredited by several doctors and other witnesses. On 13
November 2010, the author was admitted to the Central Hospital of the penitentiary system.
The initial examination of the author showed that his condition was “relatively
satisfactory”. The author complained about his health and was treated and released on 25
November.
13
It is not clear whether the State party refers to the cassation appeal or to the supervisory proceedings.
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