On June 15, 2022, the Suzak District Court found it illegal and unreasonable to terminate the criminal case against 48-year-old Nurlan, who was accused of causing minor bodily harm to his minor relative Urmat, born in 2005. The court ordered the investigator to eliminate the committed violations.
However, the investigative department of the Suzak District Department of Internal Affairs ignores the decision of the Suzak District Court and has not yet taken any measures to eliminate the violations.
According to the new legislation, the investigation of crimes of minor gravity must be completed within a month. But a month and a half have passed, and not only has the case not been brought to court, neither the victim nor his lawyer knows anything about it at all. The head of the investigation department of the Suzak District Department of Internal Affairs ignores the lawyer’s request for any information on the case.
“This is a gross violation of the rights of a minor Urmat by the Suzak District Department of Internal Affairs,” said Eldor Bakirov, a lawyer for the Jalal-Abad human rights organization Justice.
According to Urmat himself, his uncle came to their house on November 13, 2021, climbed over the fence, and severely beat him with his hands, and feet, beating him even when the minor was on the ground. The guy escaped only by fleeing to the neighbors. The reason for the beating was allegedly Nurlan’s claims to Urmat that he did not take good care of his grandmother, who lives at their house.
The report on the beating of a minor is registered in the Unified Register of Crimes under the article “Hooliganism”. The case was registered according to the report of the Jalal-Abad regional hospital dated November 14, 2021. After his injuries, Urmat was hospitalized and underwent surgery. A forensic medical examination revealed an open fracture of the nose with a displacement and a concussion of the brain. He complained to doctors about headaches, dizziness, nausea, and weakness. In the Department of Neurosurgery Urmat was treated for 14 days. According to the conclusion of the forensic medical examination, the severity of damage to Urmat’s health was assessed as a slight bodily injury, which caused a short-term deterioration in health.
However, the investigator, ignoring the conclusion of the medical examination available in the case, reclassified the case from the Criminal Code to the Code of Misdemeanors – Causing slight harm to the health of a person that did not cause a short-term health disorder. And this is despite the fact that the Code of Misdemeanors at that time lost its force. According to the lawyer, the investigator should have applied Article 136 of the Criminal Code – infliction of minor bodily harm resulting in a short-term health disorder.
“Such a negligent attitude of law enforcement officers does not at all fit in with the lofty slogans about the fight against domestic and other violence, which are trumpeted throughout the country by representatives of state bodies,” human rights activists are indignant.
