Alleged torture and ill-treatment

The International Secretariat of the World Organization Against Torture (OMCT) requests your URGENT intervention in the following situation in Kyrgyzstan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture network, about the detention and alleged torture and ill-treatment of Mr. Nurlan Bajbosunov, 24 years old, and Mr. Irenchiev Kydyk, a taxi driver.

According to the information received, Mr. Nurlan Bajbosunov and Mr. Irenchiev Kydyk were arrested around 9:00pm on 21 May 2008 and subsequently detained at ITM[1] of Tup area of Issykkul oblast. Mr. Nurlan Bajbosunov was accused of stealing a horse according to articles 165 and 164 of the Criminal Code while Mr. Irenchiev Kydyk to be his accomplice.

According to the information received, Mr. Nurlan Bajbosunov was severely beaten during interrogation at the Department of Internal Affairs of Issykkul oblast. The purpose was reportedly to force him to plead guilty. Mr. Irenchiev Kydyk was also allegedly beaten during interrogation but was then later released on the condition that he does not leave the territory.

Human rights activists reportedly managed to visit Mr. Nurlan Bajbosunov on 28 May and 2 June 2008 at ITM of Tup area and subsequently asked Dr. Jamilya Omurbekova from a regional medical centre to examine Mr. Nurlan Bajbosunov. She reportedly found hematomas on the left shoulder and both legs as well as cuts on the internal side of the left hand. Mr. Bajbosunov also complained of ears problems.

Human rights activists addressed a complaint before the public prosecutor of Tup area, Mr. Darybek Oruzbaev, who reportedly informed that he would consider the case. However, no investigation has yet been reportedly launched into the allegations.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Nurlan Bajbosunov and Mr. Irenchiev Kydyk. Furthermore, OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case. OMCT recalls that Kyrgyzstan is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit cruel, inhuman or degrading treatment. In line with their obligations under this treaty, it is incumbent on the authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a thorough and impartial investigation in this regard.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of Mr. Nurlan Bajbosunov and Mr. Irenchiev Kydyk;
2. Guarantee Mr. Nurlan Bajbosunov immediate and unconditional access to legal representation, his family and any medical treatment he may require;
3. Order his immediate release in the absence of valid legal charges, and if such charges exist, to ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
4. Order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee that no evidence obtained under torture be used in court cases;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

• Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@rhl.bishkek.su
• Mr. Chudinov Igor, Prime Minister, Fax: 996312218627
• Mr. Kongantiev Moldomusa Tashpolotovich, Minister of Internal Affairs, Fax: 996312663031, 996312288788
• Mr. Marat Kaipov, Minister of Justice, Fax: 996312663044 / 996312656502
• Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

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Geneva, 20 June 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] Pre-detention facilities.