CCPR/C/116/D/2231/2012
Turazhanova.9 On 16 June 2010, the author was detained in the presence of a lawyer, P.
Myrzakulov.
4.11 On 17 June 2010, in accordance with the decision of Ms. Turazhanova, who was the
head of the investigation team at the time, the author underwent a medical examination.
The results of the examination were issued on 24 June. It revealed bruises to the author’s
right cheekbone, both right and left shoulder and on the back. No other injuries were
detected. During the examination, the author said that he had been hit by someone in his
cell, not by police officers. On 17 June, during an interrogation, the author stated that he
had not been mistreated by police officers; that statement was officially recorded in the
minutes of the interrogation.
4.12 On 22 June 2010, the author’s lawyer, N. Toktakunov, filed a complaint with the
district prosecutor, whom he asked to investigate the bruises on the author’s body and the
denial of a confidential meeting with his client. On 23 June, Ms. Turazhanova questioned
the author again regarding his bruises. He again stated that he had been attacked by an
unknown person in his detention cell.
4.13 It was also ascertained that at the time of his initial detention, two other persons
were also present in his cell: M.M. and S. M. The former attacked the author, blaming him
for the burning of his house. The author refused to pursue charges against M.M. Moreover,
it was impossible to transfer the author to another detention facility in the city of Osh, as
Osh is 140 km away from Bazar-Korgon.
4.14 The State party adds that the author further complained to the Prosecutor General of
the Kyrgyz Republic regarding torture and ill-treatment.10 After considering the complaint,
the prosecutor responded by saying that the request had already been rejected twice. This
decision was appealed to the Pervomaisk District Court in Bishkek. The court found that
the prosecutor’s decision was not in line with the requirements of law.
4.15 The complaint was sent to the Zhalal-Abad Regional Prosecutor’s Office, where a
prosecutor, Mr. Toitonov, again rejected the author’s complaint. He found that the author
had been attacked by M.M. and not by law enforcement officers.
4.16 Furthermore, on 26 October 2010, the author was examined by a doctor of the
Centre for Family Care of the Bazar-Korgon district. She later testified that the author had
complained about a cough and stomach pain. She did not witness any bodily injuries.
4.17 On 26 June 2010, the author was also examined by Dr. Dzholdoshev, who detected
bruises on the author’s back. The bruises had already been examined, and the prosecutor
did not initiate a criminal investigation.
4.18 Counsel for the author, Mr. Toktakunov, claims that on 23 June 2010, he was given
only three or five minutes to meet with his client. This is erroneous, as the lawyer was not
limited in his ability to speak with the author. On the day in question, the lawyer met with
his clients for about 20 minutes in a separate room, and afterwards declared that the
meeting was over.
4.19 Mr. Torogulov, who was the head of the Bazar-Korgon detention centre, also
testified that counsel had had unlimited time with his client and that the author had not been
subjected to any torture or mistreatment. 11
9
10
11
This relates to the author’s first interrogation as a witness on 15 June 2010.
The date of this complaint is not provided.
All of these testimonies were given in response to questioning by the special investigative group of
five prosecutors that the State party mentions in paragraph 4.1.
7