Violations of due process and torture committed on the grounds of LGBTQI+ identity

Facts

Mikhail Kudryashov, from Kyrgyzstan, claims violations of his rights under the Covenant following his 2010 encounter with undercover officers, leading to his coerced acceptance of money, false charges, and subsequent torture by the financial police. Despite enduring severe abuse aimed at extracting confessions and suffering significant health issues, attempts to initiate criminal proceedings against the officers were consistently denied, with his injuries deemed mild. Kudryashov’s conviction for distributing pornography, claimed under duress, was upheld, ignoring his torture claims. His legal challenges were dismissed by Kyrgyz authorities, who failed to investigate his torture allegations adequately. Discriminatory media coverage further violated his rights. Having exhausted all domestic remedies without obtaining justice, Kudryashov highlights breaches of multiple Covenant articles, underscoring the State’s failure to protect him from torture, unlawful detention, and discrimination.

Mikhail Kudryashov claimed Kyrgyzstan violated his rights under several Covenant articles due to torture tied to his LGBTQI+ identity, lack of a fair investigation into his abuse, illegal detention, coerced confession, and discrimination. Medical evidence supports his torture claims, yet authorities dismissed these, failing to pursue a comprehensive investigation, in violation of article 7.

Furthermore, the author contended that his trial was compromised due to the State party’s failure to adequately investigate his claims of being tortured into signing a confession, a serious violation of article 14 (3) (g) of the Covenant. He asserts that the judicial authorities ignored his allegations of torture and improperly used his coerced confession as a basis for his conviction.

Additionally, the author claimed discrimination based on his sexual orientation, in violation of article 26 of the Covenant. He reports that his openness about his LGBTQI+ identity led to biased treatment by law enforcement and judicial bodies, incited prejudiced media coverage, and resulted in his loss of employment, social humiliation, and isolation.

Admissibility

The Committee deemed the claim under article 14 (3) (g) about a coerced confession and its use in conviction unsubstantiated, as court records didn’t support this. Similarly, the claim of discrimination based on sexual orientation was inadmissible due to lack of evidence. However, claims under articles 2 (3), 7, 9(1), and 26, related to torture, illegal detention, and discrimination, were substantiated. With no State party objection, these claims were declared admissible for merit consideration.

The Committee addressed the author’s claims under article 26, in conjunction with article 7, of the Covenant, emphasizing that article 26 guarantees equality before the law and prohibits discrimination on any grounds, including sexual orientation and gender identity. It noted that States are responsible for investigating discriminatory motives behind acts of violence, especially when there is evident bias. The Committee criticized the domestic authorities for overlooking apparent discriminatory motives in the violence and mistreatment reported by the author, concluding a violation of article 26, in conjunction with article 7, due to the failure to acknowledge and investigate the discriminatory aspects of the case.

Merits

The Committee found Kyrgyzstan violated Mikhail Kudryashov’s rights under articles 7, 9 (1), and 26 of the Covenant, due to torture, arbitrary detention, and discrimination based on sexual orientation by the financial police. It criticized the State for inadequate investigation and reliance on perpetrator statements, disregarding medical evidence and witness accounts.

Recommendations

The State party is obligated, inter alia, to:

a) Conduct a prompt investigation that is effective and thorough, impartial and independent, and transparent into the allegations of torture and arbitrary detention suffered by the author as well as into the alleged discrimination against the author based on his sexual orientation;

b) Prosecute, try and punish those responsible for the violations committed;

c) Award the author comprehensive compensation and provide him with appropriate medical and psychological rehabilitation.

Implementation

Deadline for implementation: 13 January 2024