ICCPR Case Digest

CCPR/C/128/D/2710/2015

Communication

2710/2015

Submission: 2015.10.16

View Adopted: 2020.03.10

Shukurillo Osmonov v. Kyrgyzstan

Claim of the lack of an impartial investigation into the authors claims of torture by Police officers, the Committee notes a violation

Substantive Issues
  • Prompt and impartial investigation
  • Torture / ill-treatment
Relevant Articles
  • Article 14.3 (g)
  • Article 2.3
  • Article 7
Full Text

Facts

The author was kidnapped and tortured by Police officers in order to obtain a confession to crimes that the author alleges that he did not commit. Once the author had confessed to these crimes, the author submitted complaints against the police officers and their behavior - which was subsequently ignored by the State authorities. The author claims that the State violated his rights under articles 7, 2(3) and 14(3)(g) due to the lack of an independent and impartial investigation by the State authorities into the torturous acts of the Police officers. 

Merits

The Committee concludes that the State party failed to give adequate consideration into the author's complaints of torture by the Police, which were made during the domestic criminal proceedings - due to this, the Committee decided that the author's rights under articles 7, 2(3) and 14(3)(g) were violated. 

Recommendations

Due to there being a violation of article 2(3) of the Covenant, the State party is required to provide the author with an effective remedy. This means the following: 

  • full reparation to the author 
  • quash the authors conviction, and if necessary start a new trial which will be conducted in accordance with the fair trial procedures. 
  • conduct a prompt, impartial and effective investigation into the authors claims of torture and prosecute those responsible

When the Committee has decided that there has been a violation, it wishes to receive feedback from the State party, within 180 days, on how the recommendations made have been implamented. 

180 days from the Commiunication would be = 7 September 2020.

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