Kyrgyzstan: man demands compensation for 9 months of torture in temporary detention center

A 27-year-old resident of Uzgen district of Osh region, Adilet Asanov, is demanding compensation from the state for human rights violations. With the legal support of the human rights organization “Spravedlivost” [“Justice”], the man is trying to seek compensation in the amount of 1 million KGS through the court “for violation of the right to humane treatment and respect for the inherent dignity of the human person”.

 Sardor Abdukhalilov, a lawyer of the human rights organization “Spravedlivost” [“Justice”], told ACCA about the details of this case. According to him, Adilet Asanov, convicted in May 2020, was illegally kept in the temporary detention center of the Internal Affairs Department of Nooken district for nine months, although, according to the law, the stay in the temporary detention center should not exceed 48 hours.

“In January 2021, Asanov went on a hunger strike demanding a meeting with human rights defenders to restore violated rights. Three days later, with a special visit, human rights defenders represented by the Jalal-Abad Regional Territorial Office of the National Center for the Prevention of Torture of the Kyrgyz Republic visited the temporary detention center of the Internal Affairs Department of Nooken district and talked to the applicant. As a result of the visit, an act was drawn up and sent to the Prosecutor’s Office of Nooken district,” the human rights activist says.

It turned out that Asanov (and not only him) was kept in the cell of the temporary detention center of the Internal Affairs Department of Nooken district, measuring approximately 1.5 meters by 3.5 meters. The iron-barred window in the cell is 0.4 meters by 0.5 meters; the natural light and fresh air don’t pass through it

“There is absolutely no natural ventilation in the cells from the outside through the ventilator windows. In this regard, the cells are humid and stuffy. There are traces of mold and blue stain fungus on the walls and ceiling. There is an unpleasant smell of nicotine, intestinal wastes and dampness. The air temperature is not measured in the cells,” Sardor Abdukhalilov said.

The room of the temporary detention center has a concrete floor. There are only two bunk iron beds and four dirty mattresses; no bedding was provided.

“There was no table or chairs in the cell. So, the man had to eat either sitting on the bed or right on the floor. The persons, held in the cell, are forced to spend all their time in cramped conditions. The electric lighting was never turned off, but it was only possible to read while standing directly under the lamp. These conditions limited Asanov’s ability to exercise his right to adequate defense in preparation for court hearings,” Abdukhalilov said.

Among other things, there are no washbasins or plumbing. Water is delivered to the temporary detention center from outside. It is brought to the reservoir installed in the exercise yard.

“From this reservoir, it is pumped by an electric motor. In winter, from November 2020 to January 2021, the water froze. Thus, access to water is limited by the season. In addition, access to water is limited during power outages. And if the water runs out, then the detainees have to wait for its delivery for two or three days,” the human rights activist notes.

The shower stall in the temporary detention facility of the Internal Affairs Department of Nooken district was not heated, and therefore Adilet Asanov didn’t wash for two months in winter. According to the human rights activist, in addition to this, the being in the cell for the man was also difficult due to the low temperature in the winter.

“To all these horrors you can add a complete non-compliance of the cell with sanitary standards. Cleaning and disinfection wasn’t carried out there. There are bedbugs, fleas and lice in the temporary detention facility. They sting the detainees. Thus, it has been established and there is all compelling evidence of violation of A. Asanov’s right to humane treatment during detention and respect for human dignity, both national standards and minimum international standards for observing human rights and freedoms,” Sardor Abdukhalilov says.

According to the human rights activist, earlier the Prosecutor’s Office of Nooken district also conducted a surprise visit to the temporary detention facility where Adilet Asanov was being held. Prosecutors found many violations and concluded that keeping people in such conditions is fraught with the spread of various diseases. The Department considered that the responsible officers of the temporary detention facility of the Internal Affairs Department of Nooken district violated several paragraphs of article 23 of the Law of the Kyrgyz Republic “On the procedure and conditions for the detention of persons on suspicion and charges of committing crimes”. However, the lawyers couldn’t change the situation for the better.

It’s curious that in March 2021, when human rights defenders prepared a lawsuit in the case of Adilet Asanov and sent it to court, the District Court of Nooken refused to accept an application for compensation for moral damage concerning violation of the right to humane treatment and respect for dignity.

However, on April 19, the judicial collegium of the Regional Court for Civil and Economic Cases of Jalal-Abad sent the case for a new trial to the same court, calling the grounds on which the court of first instance refused to accept Asanov’s claim as “erroneous”, and the private appeal arguments – “found their confirmation”.

Sardor Abdukhalilov says that human rights activists hope that they will be able to achieve justice for Adilet Asanov. He is the only one of many detained in the inhuman conditions of the temporary detention center of the Internal Affairs Department of Nooken district who has decided to struggle for his rights.

“The law enforcement practice shows that only a few people, whose right to humane treatment has been violated, go to court. The defining moment is the lack of legal protection in these cases,” the lawyer says.

He noted that today another similar case is being considered in Pervomaisky Court of Bishkek. This is a resonant lawsuit against the state for 10 million KGS from Roza Gorbaeva, who was held in inhuman conditions that were discriminatory on the basis of gender.

“What happens if the court satisfies the claim? It may be that the state will file a recourse claim to recover property damage. For example, if the guilt of a particular official is established, on the basis of which the damage was recovered, then the state can sue this official,” Sardor Abdukhalilov sums up.

 

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