Follow-up of case KGZ 230908/ KGZ 230908.VAW_No effective investigation conducted into allegations of torture and ill-treatment

Torture including threat of rape/ Pre-trial detention/ Lack of effective investigation/ Risk of impunity

Geneva, 12 December 2008

The International Secretariat of the World Organisation Against Torture (OMCT) received new information and requests your URGENT intervention 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 OMCT SOS-Torture Network that, until this date, no effective investigation has been conducted into the allegations of torture and ill-treatment inflicted upon Ms. Nafisa Torogeldi kyzy, 18 years, during her detention at the Talas police department, in July 2008.

Despite the fact that few days after the events, the human rights defenders Ms Aziza Abdarasulova lodged a complaint on the victim’s behalf, that medical evidence was obtained and that Ms. Torogeldi kyzy identified one of the policemen who tortured her as Ryspek, the Kyrgyz authorities have failed to initiate adequate measures. OMCT is particularly concerned by the delays in initiating investigations on these allegations and fears that the perpetrators may enjoy impunity.

Ms. Nafisa Torogeldi kyzy is currently detained in an isolator (pre-trial cell) at the Talas police department where she was sent on 22 July 2008, awaiting trial. According to the same information received, she has not been subjected to any further torture and ill-treatment but has suffered from the bad conditions of detention that prevail in this temporary detention facility, in particular given her young age.

OMCT recalls that the UN Convention against Torture, to which Kyrgyzstan is a party, states in its 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”. Further, Article 12 also requires that the State “ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction”.

OMCT also recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4(c) that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”

Brief reminder of the situation

According to the information received, on 22 July 2008, Ms. Torogeldi kyzy was arrested at her home by members of the Talas police on suspicion of theft. At the Talas police department, although she admitted to having stolen a mobile phone, members of the police attempted to force her to confess to other thefts which she denied. Ms. Torogeldi kyzy was undressed by a female police officer in front of male officers, who then severely beat her on the head, stomach and kidney. Further, she was insulted and threatened with rape if she did not confess to committing the other offences.

According to the same information received, after human rights defender Ms. Aziza Abdrasulova intervened on Ms. Torogeldi kyzy’s behalf before the Office of the Prosecutor, a medical expertise was conducted attesting the beatings she was subjected to. Moreover, Ms. Torogeldi kyzy identified one of the policemen who tortured her as Ryspek. At that point, the Kyrgyz authorities failed to provide her with adequate medical and psychological assistance and to investigate into the torture allegation. She has been continually detained awaiting trial in an insulator at the Talas police department since her arrest.

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 Ms. Nafisa Torogeldi kyzy;
2. Ensure that she is given a prompt and fair trial, in which her procedural rights are guaranteed at all times, and that she is not subjected to prolonged pre-trial detention for a petty theft;
3. Ensure a thorough and impartial investigation into these allegations of torture in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
4. Guarantee that adequate rehabilitation and compensation is awarded to the victim;
5. Guarantee the respect of human rights and the 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. Igor Vasilevitch Tchudinov, Prime Minister, Fax: 996312218627
• Mr. Moldomusa Kongantiev, 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, 12 December 2008

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