Follow-up of case KGZ 240908_Incommunicado detention and fear of unfair trial

Torture and ill-treatment/ Incommunicado detention/ Fear for safety/ Lack of effective investigation/ Fear of unfair trial/ Fear of impunity

Geneva, 15 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. Bazarbaev Maksat, resident of Naryn, who was arrested on suspicion of murder and tortured while in police custody, remains detained incommunicado in Kara-Balta police department, while 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. Bazarbaev Maksat may face unfair trial.

The International Secretariat of OMCT remains gravely concerned for the physical and psychological integrity of Mr. Bazarbaev Maksat. 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”.

Brief reminder of the situation

According to the information received, Mr. Bazarbaev Maksat was arrested without any arrest warrant on 8 August 2008 by three policemen from the Naryn Criminal Investigation Department, an official from the Ministry of Internal Affairs reportedly named Sultan (complete name unknown), and a policeman reportedly named Arstan (complete name unknown), on suspicion of murdering a man named Mr. Zholdoshbek uulu Erkin on 2 July 2008 in Kara-Balta.

According to the same information, on the way to Kara-Balta, the policemen reportedly stopped the car, handcuffed Mr. Bazarbaev Maksat, hang him on a tree, removed his shorts and allegedly started beating him in the genital area. They then reportedly put his head into a cellophane package and threatened him with a gun to admit the allegations of murder, which he repeatedly denied. Later, at about 11:00pm, Mr. Bazarbaev Maksat was taken to Tokara-Balta Department of Internal Affairs. There he was reportedly taken to the ground floor room where an official name Kubich (complete name unknown) beat him severely on his ears, feet, kidneys, and stomach as well as pushed him to the wall. Mr. Bazarbaev Maksat was reportedly beaten repeatedly from 8 to 11 August 2008 in order to have him force to write a confession stating that he had killed Mr. Erkin. He was also allegedly put bags and gas mask on his head.

Mr. Bazarbaev Maksat would now suffer from kidneys problem, hypostasis and multiple contusions. He was reportedly only once able to see a doctor who advised that he should be sent to the hospital. Instead, Mr. Bazarbaev Maksat was sent to different police departments in Sukuluk, Moskovaskaya area, Issyk-Atinsk area, where he was reportedly currently detained incommunicado. He was only able to see his lawyer once.

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. Bazarbaev Maksat;
2. Guarantee Mr. Bazarbaev Maksat immediate and unconditional access to legal representation, his family and any medical care and 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. Bazarbaev Maksat;
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, 15 December 2008

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