Follow-up of case KGZ 170707_Fear of impunity

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information in 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 the OMCT SOS-Torture network, that an investigation was reportedly launched by law enforcement agency into the death of 83-year-old Mr. Belek Arziev but no information was provided as to its current status. However, there are fears that the investigation is not properly conducted.

The International Secretariat of OMCT expresses again its deep concern over the circumstances of the death of Mr. Belek Arziev and the risk of impunity. 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 torture and cruel, inhuman or degrading treatment. Moreover, according to article 9 1) of the ICCPR no one shall be subjected to arbitrary arrest or detention. OMCT calls on the authorities to order a thorough and impartial investigation into the circumstances of the death of Mr. Belek Arziev, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law.

Reminder of the Situation

According to the information received, Mr. Belek Arziev, resident of Osh city, was allegedly arrested and beaten to death by four policemen of the Department of Internal Affairs of Osh city, namely Sergeant A. Maksutov, Sergeant T. Nurkulov, Sergeant B. Orozov and Sergeant T. Kadyrov on 27 June 2007.

Mr. Belek Arziev was reportedly accused of not carrying identification papers with him. The policemen allegedly tried to bribe him in exchange of not arresting him. When Mr. Arziev reportedly refused to pay, the four policemen started to beat him on the head and the chest. They also reportedly seized him 50’000 Kyrgyz soms.

According to the information, Mr. Belek Arziev’s corpse was found on 28 June 2007 in the A. Navoi Park in Osh city. A judicial medical examination was reportedly conducted and revealed brain contusion, fractures and traumas.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Order a thorough and impartial investigation into the circumstances of the death of Mr. Belek Arziev, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate compensation is awarded to the victim’s family;
3. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and 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. Atamabev Almazbek Sharshenovich, Prime Minister, Fax: 996312218627
• Mr. Bolotbek Nogoybaev, 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, 21 December 2007.

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