CCPR/C/116/D/2231/2012
2.12 The author submits that the relatives also threatened potential defence witnesses, and
even the police advised potential witnesses not to attend the hearing. As a result, the
defence lawyers were again unable to call and examine witnesses. On 10 November 2010,
the appeal court rejected the appeals and upheld the sentences of the trial court. The author
was moved on 11 November to Zhalal-Abad police detention centre where he was kicked in
the chest and further humiliated by being stripped and called derogatory names. By the time
he was finally transferred out of police custody to a prison in Bishkek on 12 November, his
health had severely deteriorated.
2.13 Lawyers for the author and his co-defendants appealed to the Supreme Court and for
the first time were able to file the witness statements that substantiated the author’s version
of events and could establish his innocence. They included 14 witness statements to the
effect that the author was at home on the morning the policeman was killed. Although the
hearing of the case at the Supreme Court was relatively safe, that is, not dominated by
relatives and supporters of the deceased police officer, the author was not allowed to attend.
Despite having accepted the applications of the defence and the witness statements, the
Supreme Court apparently did not take this evidence into account.
2.14 In its written decision of 20 December 2011, the Supreme Court did not refer to the
new witness statements, summarily dismissed other defence arguments as not
corresponding to the content of the case file and declined to order an investigation into the
torture allegations. It upheld the verdict and sentence against the author and six of his codefendants (the Court overturned the conviction on one charge against the seventh codefendant and reduced her sentence from 20 years’ imprisonment to 11 years).
2.15 In December 2011 and February 2012, a renowned medical specialist based in the
United States of America, Dr. Sondra Crosby, examined the author in the prison in Bishkek
at the request of the Open Society Justice Initiative and Physicians for Human Rights. In
her report, the expert confirmed that the author appeared to have suffered severe and lasting
physical injuries as a result of his arrest and incarceration, and that his injuries supported
his account of torture while in police custody. At the time of Dr. Crosby’s examination, the
author needed immediate medical assistance for persistent visual loss, traumatic brain
injury and spinal injury. In addition, he required immediate evaluation for his chest pain
and shortness of breath, symptoms strongly suggestive of coronary artery disease, which
could be life- threatening if not treated immediately. None of the tests or treatment has been
provided to date.
2.16 The author has exhausted all available domestic remedies. During his trial and after
his conviction, his lawyer repeatedly complained of torture before the Bazar-Korgon
District Court, the appeal court and the Supreme Court. He also filed several requests with
the prosecutor’s office to investigate his allegations of torture; the author furthermore
complained of torture to the Office of the Ombudsman of the Kyrgyz Republic.
2.17 Despite these requests, no criminal investigation took place. In denying the requests
to investigate, the authorities repeatedly referred to two statements made by the author
while in police custody that he had no complaints — statements made as a result of threats
of further torture. The prosecutors have continued to ignore all the evidence provided by the
author and his lawyer about the torture that the author endured, including multiple detailed
and consistent accounts of his mistreatment set out in legal documents, statements, details
provided to the Ombudsman, interviews with media and non-governmental organizations
and medical records, including the two evaluations by the foreign medical specialist.
The complaint
3.1
The author claims that the treatment inflicted upon him by police officers in
detention, motivated by the desire to obtain a false confession, to discriminate against him
4