Torture and mistreatment of group of authors during the June 2010 events

Facts

The cases originated from the events of 10 to 14 June 2010, when the inter-ethnic clashes between Kyrgyz and Uzbek ethnic groups took place in the south of Kyrgyzstan. More than 470 people were killed, with most of the victims and damaged properties belonging to members of the Uzbek minority. The criminal prosecutions that followed these events were marked by reports of human rights abuses against detainees and defendants.

The authors are eight nationals of Kyrgyzstan who were all detained, tortured, and tried at different times and places as a result of criminal investigations into the events of the so-called “SANPA” case. The authors were found guilty of the charges and sentenced to life imprisonment and confiscation of their property. They claimed to be victims of violations of their rights under article 7 (torture and lack of effective investigation of torture), read alone and in conjunction with article 2 (3) (remedies), article 9 (1) (arbitrary detention), article 10 (1) (conditions of detention), article 14 (1) and 14 (3) (b), (d), (g) and (e) (fair trial) of the Covenant.

Admissibility

The Committee noted that the authors had exhausted the available remedies and had sufficiently substantiated their claims under article 7, read separately and in conjunction with article 2 (3), and articles 9 (1), 10 (1) and 14 (1), 14 (3) (b), (d), (g) and (e) of the Covenant for the purposes of admissibility, except the claims regarding the impartiality and fairness of the court proceedings under the article 14 (1) of the Covenant.

Merits

The Committee noted that the investigation into the allegations of torture while in detention was not carried out effectively. The Committee further concluded that the State party applied a disproportionate restriction on the authors’ rights to a fair and public hearing and the right to have adequate time and facilities for the preparation of defence. The trial had several irregularities, such as disorder and violence caused by the relatives of victims attending the trial, and the authors were not able to call witnesses on their behalf. The Committee decided not to examine the authors’ claims under article 10 (1) of the Covenant. Therefore, the Committee concluded that there was a violation by the State party of article 7 read alone and in conjunction with article 2 (3), and of articles 9 (1), 14 (1), (3) (b) (d) (g) and (e), of the Covenant.

Recommendations

The State party is obligated to take appropriate steps to:

• (a) quash the authors’ convictions and, if necessary, conduct a new trial, in accordance with the principles of fair hearings, presumption of innocence and other procedural safeguards;
• (b) conduct a prompt and effective investigation into the torture allegations of the authors and to prosecute and punish those found responsible;
• (c) provide the authors with adequate compensation for the violations of their rights;
• (d) prevent similar violations from occurring in the future.

Implementation

Deadline: 15 January 2023

More information on the case:

Amnesty International Public Statement It seems that justice will never come: failure to investigate the June 2010 violence and its aftermath in Kyrgyzstan (refworld.org)

Centre for Defenders Human Rights, Report “The role of the public authorities during the June events of 2010 in Kyrgyzstan” Report (osce.org)

Human Rights Watch Distorted Justice: Kyrgyzstan’s Flawed Investigations and Trials on the 2010 Violence | HRW

By: Anna Gorodetskaya