Arbitrary detention and torture of a Kyrgyz man during a terrorist counter-operation

Facts

The author is a national of Kyrgyzstan who was arrested, detained and tortured by the police in the context of a terrorist counter-operation, after which he had to seek medical attention and was diagnosed with severe injuries. However, since the medical expertise could not conclude when these injuries could have been caused and in what time lapse, the prosecutor refused to open a criminal case. The decision was appealed and rejected by domestic courts. The author claims a violation of his rights under article 7 as he was beaten and tortured and the State party did not investigate further,  and article 9 (1) and (2) on the basis that he was detained  without any procedural guarantees. He also claims a violation of article 14 (3) (g) because he was tortured to force him to confess.

Admissibility

The Committee considers that the allegations made under article 14 (3) (g) were not sufficiently substantiated and the claim is therefore inadmissible. The case is admissible for the claims made under articles 7 read alone and in conjunction with article 2 (3), article 9 (1) and (2) of the Covenant.

Merits

The Committee could not conclude that the facts before it disclose a violation of the author’s rights under the articles claimed. This is because of the lapse of time before the author submitted himself to medical attention (35 days after the alleged events), the fact that neither the medical experts, nor the authorities could conclude that the injuries were caused by torture and the witnesses could not testify that they had seen any beatings. The committee concludes that the facts, as presented to it, do not reveal a breach of any provision of the Covenant.

Implementation

September 24, 2021