Incommunicado detention of Messrs. Altynbek Imanov and Nurlan Turganbaev_Fear for their safety

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 the OMCT SOS-Torture Network, about the alleged ill-treatment of Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev, all living in the city of Osh, as well as of the incommunicado detention of Messrs. Altynbek Imanov and Nurlan Turganbaev, since 19 January 2010.

According to the information received, on 15 January 2010, Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev were arrested by the Aravan police department and the Osh regional police department on suspicion of theft and then taken to Aravan police department. Once there, Mr. Abdykadyrov Anarbaev was allegedly severely beaten, including on his genitals, by the police. He would now suffer from spinal injuries. Messrs. Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev were also allegedly beaten by the police (no further information is currently available) in order to obtain a “confession”.

According to the same information, on 18 January 2010, Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev were brought before the Aravan Court. Messrs. Imanov Altynbek and Nurlan Turganbaev reportedly declared before the Court that they were further ill-treated by the police in order to testify against Mr. Zhamalbek Eshaliev, although this latter was not involved in the alleged crime. In light of these declarations, the prosecutor requested a medical examination of the above mentioned individuals and issued a statement against the alleged police officers. He further reportedly ordered the provisional release of Mr. Zhamalbek Eshaliev, while Messrs. Imanov Altynbek, Nurlan Turganbaev and Abdykadyrov Anarbaev were remanded in custody pending investigation.

However, since 19 January 2010, Messrs. Imanov Altynbek and Nurlan Turganbaev have not been granted access to their respective lawyers and families. Their lawyers reportedly went to Aravan police department but the police refused to allow them access. The fate of Messrs. Imanov Altynbek and Nurlan Turganbaev has remained since then unknown.

The International Secretariat of OMCT is gravely concerned about the allegations of ill-treatment that the abovementioned victims have suffered during their detention. OMCT is all the more concerned since Messrs. Imanov Altynbek and Nurlan Turganbaev are currently detained incommunicado. OMCT recalls that incommunicado detention facilitates torture and other cruel, inhuman and degrading treatment which is strictly prohibited under international law.

Accordingly, OMCT urges the authorities to guarantee the physical and psychological integrity of Messrs. Imanov Altynbek and Nurlan Turganbaev as well as of Messrs. Abdykadyrov Anarbaev and Zhamalbek Eshaliev, at all times, in accordance with international human rights instruments ratified by Kyrgyzstan, in particular with the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. OMCT further calls upon the authorities to immediately grant Messrs. Imanov Altynbek and Nurlan Turganbaev access to their lawyers and their families.

Action requested

Please write to the authorities in the Kyrgyzstan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev;
2. Guarantee unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order the immediate release of Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
4. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of ill-treatment of Messrs. Abdykadyrov Anarbaev, Zhamalbek Eshaliev, Altynbek Imanov and Nurlan Turganbaev, 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;
5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used against the above mentioned individuals in any proceedings as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
6. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims concerned.

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, Mr. Abdiev Kurmantay Fax: 996312663044 / 996312656502
• Public Prosecutor of the Kyrgyz of Republic, Mr. Tursunkulov Nurlan Zhanyshovich 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, 9 February 2010

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