The Osh regional court upheld the decision of the city court to refuse to satisfy the lawyer’s complaint about declaring illegal the refusal of the prosecutor’s office to initiate a criminal case against an underage student of the lyceum.
At the end of February 2022, a minor was subjected to torture and ill-treatment by employees of the Ak-Buura police department in the city of Osh. So they tried to get a confession.
The victim told the lawyer that the police demanded that she testify against her employer, who allegedly committed sexual acts against an unknown girl.
“The police officer beat her on the leg and shoulder with a stick, threatened that he would “put the whole family in jail,” from the girl’s story.
After filing an application with the city prosecutor’s office, a pre-investigation check began.
The conclusion of the forensic medical examination, received in mid-March, states that the girl received harm to her health, but it is impossible to establish the time of the injury. The conclusion of the Osh Regional Center for Psychiatry and Narcology states that the victim is able to correctly understand and reproduce what is happening to her, and has no inclination to lie.
Despite this, at the end of March, an investigator from the prosecutor’s office issued a decision to refuse to initiate a criminal case.
The lawyer and his client were not familiarized with this resolution in a timely manner, the lawyer received it two months later, at the end of May. After that, the lawyer filed a complaint with the city court to declare it illegal, and in court he petitioned for the restoration of the deadline for filing a complaint (which was satisfied).
In June, the city court recognized the refusal of the prosecutor’s office to initiate a criminal case as legitimate. An appeal was filed, which was considered in August in the regional court, which also sided with the prosecutor’s office.
Human rights activists of “Bir Duino (United World) Kyrgyzstan” noted that they plan to prepare a complaint to the Human Rights Committee, since national mechanisms have been exhausted regarding the initiation of a criminal case on the fact of torture against a minor.
