Failure to provide necessary medical care in detention, leading to death

Facts

Rakhilakhan Bizurukova, on behalf of her late husband, Mamataziz Bizurukov, claims Kyrgyzstan violated his rights under the Covenant due to inadequate medical care during his detention in 2011, leading to his death. Despite diagnoses requiring surgery and family efforts to intervene, his condition was neglected by prison medical staff. Legal proceedings fluctuated, with initial acknowledgments of negligence later overturned by higher courts, ultimately acquitting the medical professional responsible. The case, represented by counsel, navigated through Kyrgyzstan’s legal system, ending with the Supreme Court’s dismissal of negligence charges, leaving all domestic remedies exhausted.

The author alleges that Kyrgyzstan breached her husband’s rights under articles 6 (1) (right to life), in conjunction with article 2 (3) (right to an effective remedy), and article 10 (1) (rights of persons deprived of their liberty) of the Covenant. This violation stems from the failure of SIZO No. 5’s medical staff to deliver adequate medical care, resulting in her husband’s death. Additionally, she claims a violation of his rights under article 14 of the Covenant, concerning the right to a fair trial.

Admissibility

The Committee claimed that the State failed to promptly investigate Mr. Bizurukov’s death and identify responsible parties under article 6 (1) combined with article 2 (3) was deemed unsubstantiated and inadmissible. Similarly, allegations under article 14 were found inadmissible due to insufficient substantiation. However, the Committee deemed claims under articles 6 (1) and 10 (1), concerning the right to life and the treatment of detainees, admissible, proceeding to consider their merits.

Merits

The Committee concluded that Kyrgyzstan violated articles 6 (1) and 10 (1) of the Covenant in Mr. Bizurukov’s case, due to the inadequate medical care he received while detained, leading to his death. The Committee highlighted the State’s responsibility to protect the lives and dignity of detainees, noting Mr. Bizurukov’s lack of proper medical attention despite his serious health complaints.

Recommendations

The State party is obligated, inter alia, to:

a) Provide the author with an effective remedy;

b) Provide adequate compensation;

c) Take all steps necessary to prevent similar violations from occurring in the future.

Implementation

Deadline for implementation: 6 January 2025