Krasnova v. Kyrgyzstan

Reference: CCPR/C/101/D/1402/2005

Decision Year: 2011-03-29

Information Source: Carlos Varela Alvarez (victim's lawyer)

According to the Victim or his/her Counsel:

  • The investigative judge has reopened the investigation and an ADN test was carried out on family members of the victim and on the remains of the corpse found. They were negative; hence the victim is still considered as disappeared.
  • The agreement to grant compensation to the family, which has been pending since 2006, has been converted into a draft law that has been approved in Parliament by the first chamber. Approval by the Senate (second chamber) is, however, still pending. If the Law is finally approved, the Office of the Prosecutor will have to honor the payment, maybe in 2014.
  • The author is not aware of any internal police investigation or any other type of action to prevent a similar violation in the future.
  • The author is not aware of any publication of the decision. Assessment of Implementation
There have been some encouraging steps at national level, particularly with regard to compensation. However the agreement, which was waiting to enter into force since 2006, is still pending approval by the Senate, and even if it is approved, it will only be honored in 2013-­?2014. That means than more than 7 years would have elapsed since it was agreed. As regards the investigation, the author’s lawyer considers that, although there has been a DNA analysis carried out, no further steps has been taken to enquire about the involvement of police officers in the disappearance of the victim. Ramona Rosa Gonzalez has suffered enormous distress in the prolonged wait for a response to the killing of her son. She has undergone serious economic and health difficulties while waiting for a compensation that is still pending.

Related Articles:

  • Article 14.1 Article 14.3 (b) Article 14.3 (c) Article 14.3 (g) Article 7 Article 9.2

Keywords:

  • Expeditiousness of the trial Fair hearing Preparation of defence Self-incrimination Torture / ill-treatment

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