Kyrgyzstan: UN Human Rights Committee demands investigation of torture

7.5 years after the filing of the complaint, the UN Human Rights Committee sent its considerations on an individual complaint of torture against four people.

On June 12, 2010, unknown persons set fire to houses in the microdistrict “Cheryomushki” in Osh. The man was with the others among those who helped to extinguish the fire. Later, he even helped to catch possible accomplices in the crime, for that he received gratitude from the employees of the State Committee for National Security. And ten days later, he was detained for organizing riots.

After his arrest, he was taken to office of the State Committee for National Security in the city of Osh and Osh region. He was initially detained and interrogated as a witness, and then arrested as a suspect.

“They put him facing the wall and kept him in that position for about half a day. Then they began to beat the man, hitting him on the back and head, in the area of ​​the kidneys, demanding that he take the blame for his participation in the riots. Several of his ribs were broken, as evidenced by a medical certificate issued on October 6, 2012. For two weeks he couldn’t eat, he only drank water. For fear of revenge on the part of the officers of the State Committee for National Security, the man didn’t immediately report the torture,” the human rights activists say.

The beatings gave their results. The detainee was charged under the articles: “Kidnapping”, “Unlawful deprivation of liberty”, “Participation in mass riots”. He was sentenced to 5 years in prison.

A similar story happened with two other detainees. Initially, they were held as witnesses, but later became the main suspects, and then they were found guilty by the court. One man was sentenced in January 2011 for a year in a settlement colony for misprision of crime, the other was sentenced to 5 years. An old method, torture, helped the law enforcement officers get confessions.

“Another convict, after being detained, was forced to stand facing the wall for half a day. Then in one of the offices, he was stripped and beaten. A plastic bag was put on his head, as a result he began to choke and lost consciousness. Three days after his arrest, his status was changed and he became a suspect. And then he was sentenced to 3 years in prison. The interrogation took place without the participation of a lawyer,” the lawyers said.

The four defendants asked the court for permission to call their witnesses, who could present important evidence in their defense. However, the court refused them. Not all of them reported torture, as they feared for their safety and for their relatives.

The complaint, filed with the UN Human Rights Committee, indicates that there was no prompt and impartial investigation into the facts of torture, they were subjected to arbitrary detention. There was a fact of restriction of the right to access a lawyer, there were signs of discrimination, there was no fair and independent trial.

The torture case reached the UN Human Rights Committee, which acknowledged in March 2017 that there had been a number of violations of the International Covenant on Civil and Political Rights against these four citizens. The Committee found that they had been subjected to torture, cruel, inhuman and degrading treatment. They were not provided with effective legal remedies, were subjected to arbitrary arrest, detention, and imprisonment.

Based on the response from the Committee, the lawyers filed an application with the Military Prosecutor’s Office of Osh garrison in order to initiate a criminal case against the officers of the Department of the State Committee for National Security, but were refused. The official letter says that the arguments of the convicted on the fact of illegal actions on the part of the officers of the Department of the State Committee for National Security haven’t been confirmed.

The lawyers didn’t agree with this answer and appealed against the refusal in the City court of Osh. In the statement, the lawyers indicated that the assistant prosecutor of the Military garrison of Osh didn’t carry out any investigative actions during the preliminary investigation of the facts of torture.

“No legal assessment was given to the medical certificates. The participants in the investigation of the case were not questioned. In the statement to the City court, the lawyers asked to declare illegal the decision to refuse initiating a criminal case. Constant refusals show the insufficient efficiency of the work of the Prosecutor’s Office and the Military Prosecutor’s Office,” the human rights organization “One World (Bir Duino) Kyrgyzstan” reports.

It’s noted that after accepting the complaint for consideration, the participant state sent its comments. They say that “the authors of the statement took an active part in these events”, that they had the opportunity to complain of torture, but didn’t do it.

In June 2021, the considerations of the UN Human Rights Committee were received. The Committee takes note of the authors’ complaints of torture and cruel treatment, and also takes note of the complaints of unlawful detention. The participant state is obliged to provide the authors with an effective legal remedy, and to pay compensation. The participant state is under an obligation to take appropriate steps to conduct a prompt and impartial investigation into torture and to provide adequate compensation. The participant state is under an obligation to take measures to prevent similar violations in the future. Since the state has acceded to the Optional Protocol, has recognized the competence of the Committee, within 180 days the Committee expects to receive information on the measures taken by the state to implement these considerations.