Follow-up of case KGZ 120608_Lack of effective investigation_Fear of impunity

Geneva, 18 December 2008

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Kyrgyzstan.

New Information

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture Network, that Mr. Tashtanbek Mulladjanov, a former member of the banned muslim party “Hizb-ut-Tahrir” who was arrested and allegedly tortured, remains detained incommunicado in the investigatory isolator of the Ministry of Justice, awaiting trial. OMCT is particularly concerned by the delays in initiating investigations into the allegations of torture, not only fearing that the perpetrators may enjoy impunity, but that Mr. Tashtanbek Mulladjanov may face unfair trial.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Tashtanbek Mulladjanov. OMCT recalls that incommunicado detention facilitates torture and other cruel, inhuman and degrading treatment. 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. Article 15 of the Convention against Torture stipulates that, “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)” and Article 11 that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”. Therefore OMCT urges the authorities of Kyrgyzstan to order a thorough and impartial investigation into the circumstances of these events, in particular the allegations of torture and to guarantee that Mr. Tashtanbek Mulladjanov undergo a fair trial during which the statement obtained under torture will not be considered.

Brief reminder of the situation

According to the information received, Mr. Tashtanbek Mulladjanov was arrested on 12 May 2008 allegedly with 1.5 kg heroin, which, according to Mr. Mulladjanov, was ice cream powder, on the road from Bishkek to Osh. He was later detained at the ITM (insulator of the time maintenance) of CNS management (Committee for National Security) of Osh oblast, where he was allegedly tortured to obtain a statement in which he had to write that he was involved in the murder of a certain Mr. Abdusattar Bazarov, a market director of Arslanbob village in Zhalalabad oblast who was found dead on 6 May 2008 near the reservoir on the road Bishkek-Osh.

Mr. Tashtanbek Mulladjanov was reportedly severely beaten by officers of the operations of crime detection section for two days while being handcuffed and obliged to wear a gas mask. He was further reportedly not allowed to receive any visit but he managed to submit a complaint to the Ombudsman informing about the acts of torture. While the Ombudsman reportedly tried to visit him, he was allegedly refused access.

Mr. Tashtanbek Mulladjanov is accused of storage and transportation of heroin and of murder. He has been detained at the Pre-trial detention facility and has not been allowed any visits.

According to Mr. Tashtanbek Mulladjanov’s family, on the day of Mr. Abdusattar Bazarov’s murder (according to the investigation, the crime took place on 1 May 2008) he was in Bishkek. Mr. Tashtanbek Mulladjanov had already reportedly been arrested in 2002 for being member of the Hizb-ut-Tahrir. He was later released.

OMCT had previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention both in Kyrgyzstan and neighbouring Uzbekistan, where the group is also active. The Kyrgyz authorities claim that Hizbut-Tahrir "soul-hunters" often use crowded areas such as trading lines, markets and places of rest for distributing their material (leaflets, etc)[1].

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. Tashtanbek Mulladjanov;
2. Guarantee immediate and unconditional access to legal representation, his family and any medical treatment he may require;
3. Guarantee that no evidence obtained under torture be used in the court case;
4. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, 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;
5. 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;
6. Guarantee that adequate reparation is awarded to Mr. Tashtanbek Mulladjanov;
7. 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, 18 December 2008

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

[1] See for example OMCT UA KGZ 030603.