CCPR/C/118/D/2127/2011 2.22 A range of local and international human rights organizations have expressed concern over the beating and death of Mr. Akunov in detention and the failure of the Kyrgyz authorities to investigate the case properly. 13 On 2 May 2007, the Special Representative on the situation of human rights defenders and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment sent a letter of allegation to the Government of Kyrgyzstan regarding the death of Mr. Akunov, expressing concern at the allegations that he “had been subject to inhumane and degrading treatment whilst in detention”, called on the Government to provide further information regarding his death and recommended a thorough investigation. The Government did not respond. On 23 June 2009, as part of its periodic review of Kyrgyzstan, the Committee against Torture stated that reports of independent experts indicated that Mr. Akunov had been tortured prior to his death in detention. The Committee asked Kyrgyzstan to update it on the status of the investigation into those reports and on the prosecution of the two police officers, including whether more serious charges had been brought. 14 Kyrgyzstan has not published any response to this request. 2.23 The author submits that the independent investigation by non-governmental organizations into Mr. Akunov’s death reported that torture in the Naryn Regional Department of Internal Affairs, especially in Naryn city, “has a strong systemic nature”.15 A number of other international bodies and reports have confirmed this pattern of torture in police custody in the State party and a consistent failure to independently and effectively investigate such abuse. The violations against Mr. Akunov are also consistent with the hostility of the Kyrgyz authorities towards civil society and political activists, which began under the Government of former President Bakiev in March 2005. The complaint 3.1 The author claims that the State party is responsible for the death of his father, who was detained by the authorities in good health, was beaten by police officers and found dead in custody the next day. The State is presumed to be responsible for any death in custody and has not provided reliable evidence or an explanation as to how the author’s father died. The author adds that there was no apparent reason for Mr. Akunov to commit suicide, given the fact that the day before his death he was determined to pursue his civic activism by requesting a meeting with the authorities to discuss the possibility of organizing political protests in Naryn. The State party is therefore responsible for a violation of article 6 (1) of the Covenant. 3.2 The author also claims that the treatment inflicted upon his father by police officers while in custody amounts to torture in violation of article 7 of the Covenant, or at a minimum to cruel and inhuman treatment. The injuries detected on the body cannot be explained or excused by his alleged attempt to escape, or as incidental to his supposed suicide. 13 14 15 Reference is made, inter alia, to the resolution of the Kyrgyz parliament issued on 19 April 2007, in which it criticized the authorities in eastern Naryn province for illegally detaining Mr. Akunov and called for an impartial investigation into his death; to the conclusions of the independent commission, led by Human Rights Centre Kylym Shamy, on its investigation into the causes of Mr. Akunov’s death, dated 20 April 2007; and to the press release of the International Helsinki Federation for Human Rights, Human Rights Centre Kylym Shamy and the Kyrgyz Committee for Human Rights dated 22 August 2007, stating that cases of death under torture were mounting in the city of Naryn. Other international actors, such as the World Organisation Against Torture and the United States of America Department of State, also expressed grave concerns regarding the arrest, detention and resulting death in custody of Mr. Akunov. See CAT/C/KGZ/Q/2, para. 25. The conclusion of the independent commission led by Human Rights Centre Kylym Shamy. 7