Allegations of torture and other forms of ill-treatment in police detention in Bishkek

The International Secretariat of the World Organisation 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, as well as by a reliable source about the allegations of torture and other forms of ill-treatment suffered by Mr. Asker Duishenbiev, and his cousin, Mr. Nurlanbeck uulu Baktybek, aged about 18 years old, by the police, on October 2009, in Bishkek.

According to the information received, on 16 October 2009, Mr. Asker Duishenbiev was summoned by the 9th police department of Bishkek and subsequently detained on suspicion of theft, after his apartment, that he currently sublets, was robbed. Once at the 9th police department, Mr. Asker Duishenbiev was reportedly subjected to torture and other forms of ill-treatment by the police in order to make him confess that he was the author of the theft, despite the fact that he was reportedly in At-Bashy, around 1000km of Bishkek, when the theft occurred. He was allegedly severely beaten. He lost consciousness twice after receiving severe blows to his head and on his back, at the level of the kidneys. He was also allegedly handcuffed and the police then put four layers of plastic bags on his head and started to strangle him. Mr. Asker Duishenbiev was released, on 19 October 2009, after his parents paid 130’000 som to one of the tenant of his apartment, money allegedly later taken by a police officer.

According to the same information, Mr. Asker Duishenbiev’s cousin, Mr. Nurlanbek uulu Baktubek, who went, on 16 October 2009, to the police department to check on Mr. Asker Duishenbiev, was himself suspected of having committed the theft. He was also allegedly tortured and ill-treated in order to have him confess the theft. He was reportedly severely beaten at the level of the kidneys and on his genitals. He reportedly said to the police that he had committed the break-in and hidden the haul in a random place in order to stop the torture and ill-treatment. The police subsequently took him to the alleged place but when they did not find anything they threatened to drown him in the Big Chu Canal. Mr. Nurlanbek uulu Baktubek then reportedly said, out of fear, to the police that he had thrown the haul in a rubbish chute. On 17 November 2009, the Criminal Division of the Bishkek City Court ordered his detention for one month reportedly solely on the basis of his confession. His is currently detained in jail #1 in Bishkek.

It is reported that, during their detention at the police department, none of them was offered to meet with a lawyer. Both reportedly filed a complaint denouncing the acts of torture and ill-treatment with the prosecutor of the Sverdlovsk region, but no investigation has so far been launched into these allegations.

The International Secretariat of OMCT is gravely concerned about the allegations of torture and other forms of ill-treatment that the victims have suffered during their detention. OMCT is all the more concerned since Mr. Nurlanbek uulu Baktubek seems to be detained solely on the basis of his alleged forced confession which would clearly violate Kyrgyzstan’s obligations under international human rights.

OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and other forms of ill-treatment, as well as the death threats, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Nurlanbeck uulu Baktybek;
2. Guarantee unconditional access to a lawyer of his choice and his family, as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and other forms of ill-treatment of Mr. Asker Duishenbiev and Mr. Nurlanbek uulu Baktubek, as well as the death threats, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
4. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used against Mr. Nurlanbeck uulu Baktybek in any proceedings as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
5. Order the immediate release of Mr. Nurlanbeck uulu Baktybek in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
6. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims concerned;
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: 996 312218627, ghpress2@rhl.bishkek.su
• Mr.Usenov Daniyar Toktogulovich, Prime Minister, Fax: 996 312218627
• Mr. Kongantiev Moldomusa Tashbolotovich, Minister of Internal Affairs, Fax: 996 312663031, 996312288788
• Minister of Justice, Fax: 996312663044 / 996312656502
• Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Permanent mission of Kyrgyzstan, Rue du Lac 4-6, 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.

Geneva, 3 December 2009

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