Lack of effective investigation following the torture and death in police custody of the author’s nephew

Facts

The author of the communication is a Kyrgyz national acting on behalf of his late nephew, Mr. Amanbaev. In 2010, after being arrested by the police, Mr. Amanbaev was brought to the hospital with severe injuries and died some days later. A preliminary investigation established that he had fallen down the stairs of the police station while trying to escape. The Prosecutor’s Office opened a criminal investigation, but the case was eventually discontinued and the Supreme Court upheld the decision. The author claims that Mr. Amanbaev died as a result of acts of torture, which amounts to a violation of the article 6 (right to life) and article 7 (prohibition of torture). Moreover, the author claims that the authorities failed to investigate the circumstances of his death.

Admissibility

In the absence of any objection by the State party, the Committee declares the author’s claims under articles 6 (1) and 7 admissible. Regarding the lack of effective investigation of the events, it further considers that the author’s claims raise issues under articles 6 (1) and 7 read in conjunction with article 2 (3).

Merits

The Committee recalls that State parties, by arresting and detaining individuals, take responsibility to care for their life, and that criminal investigation and subsequent prosecution are necessary remedies for violations of human rights. It further recalls that the burden of proof concerning factual questions cannot rest with the author of the communication alone. The Committee concludes that, in light of the State party’s inability to rely on an adequate and conclusive investigation to rebut the author’s allegations, the facts as alleged reveal a violation of articles 6 and 7, read alone and in conjunction with article 2 (3).

Recommendations

The State party is obligated, inter alia, to take appropriate steps to:

• (a) conduct a prompt, effective, thorough, independent, impartial and transparent investigation into the torture and death of Mr. Amanbaev and to prosecute and punish those responsible;
• (b) keep the author informed about the progress of the investigation; and
• (c) provide adequate compensation to the legal heirs of Mr. Amanbaev.

The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future.

Implementation

Deadline for implementation: 24 September 2022

More info on the case:

Human Rights Watch – Kyrgyzstan: Torture, Detentions Escalate Tensions

United Nations Human Rights – Committee against Torture concludes consideration of report of Kyrgyzstan

The New York Times – In Southern Kyrgyzstan, Uzbeks Become Targets of Police Abuse 

By: Giacomo Bruno