Gerasimov v. Kazakhstan

Police Beating to Force Confession

Alexander Gerasimov went to the local police station in Kostanay, Kazakhstan, in March 2007 to ask about his son who had been arrested. He was detained by the police for 24 hours, interrogated, and beaten in an attempt to get a confession, before the police released him without charge. Gerasimov spent two weeks in the hospital. Local authorities argue that his injuries were not sufficiently serious for them to investigate the case any further. (Keywords: Torture - Interrogation - Police Custody - Ineffective Investigation)

Facts

On March 27, 2007, Alexander Gerasimov learned from his wife that his elder stepson had been taken to the police station in Kostanay, Kazakhstan. When he went to enquire after his stepson, the police immediately took him into custody as well. The police accused Gerasimov of murdering an elderly woman. He denied the accusations, and the police tortured him in order to elicit a confession.

The police beat him with heavy blows to the kidney area. They threatened him with sexual violence. They then tortured him with a tactic called "dry submarino"—the police forced him face down on the ground and put a plastic bag over his head. Four policemen stood on him as the fifth pulled his head back with the plastic bag, causing immense pain in his back and suffocating him. He lost consciousness. When he came round they repeated the process until he lost consciousness again. They did it again, and again, and again, until his head was bleeding. Every time the police released the plastic bag they shouted "Confess and that's it!" The torture lasted into the night.

The next morning, Gerasimov was released without charge. Immediately following his release he suffered from strong headaches and nausea. His body was swollen and he was unable to sit in a taxi. He was admitted to the hospital that evening and was diagnosed with a major head injury, including bruising to his head, a wound to his right eye, as well as bruising to the right kidney and to the lumbar region. He was admitted to the neurological unit and remained in the hospital for 13 days. In August 2007 he was diagnosed with Post-Traumatic Stress Disorder (PTSD) and was treated as an in-patient for nearly a month in a psychiatric hospital.

Gerasimov filed a complaint. An investigation was started, but by the very same police unit who had tortured him. In May 2007 the police decided not to hold a criminal investigation. Gerasimov appealed multiple times in order to force an investigation, and was threatened and offered bribes by the police to drop the case. However, the Kostanay Courts upheld the decision not to investigate the case, saying that there was no evidence.

Open Society Justice Initiative Involvement

The Justice Initiative assisted the local lawyer in attempts to force an effective investigation, and is acting as co-counsel with the Kazakhstan International Bureau for Human Rights and the Rule of Law (KIBHR) in a complaint to the UN Committee against Torture.

Substantial pro bono assistance was provided by a team of lawyers at Lovells, New York. Legal research was provided by the Lowenstein International Human Rights Project at Yale Law School.

Arguments

Torture. The treatment of Gerasimov by the police officers amounted to torture as defined by Article 1 of the UN Convention against Torture (UNCAT).

No safeguards to prevent torture.  Kazakhstan has failed to introduce anti-torture safeguards such that numerous administrative and procedural failings allowed the torture of Gerasimov to occur in violation of the obligation to prevent torture in Article 2(1) UNCAT.  

Ineffective investigation. No prompt, impartial and effective investigation has been undertaken into the torture of Gerasimov that was able to bring about the prosecution of those responsible for his treatment, contrary to Article 12 and Article 13 UNCAT.

Failure to Practice Redress. Without a criminal conviction of the perpetrators, Gerasimov cannot claim compensation and reparations, in violation of Article 14 UNCAT.

Timeline

March 27, 2007. Kostanay police detain Gerasimov and torture him.
March 28, 2007. Police release Gerasimov without charge.
May 8, 2007. Police refuse to initiate a criminal investigation.
September 5, 2007.  After referral, the Department for Combatting Economic Crimes and Corruption refuses to initiate a criminal investigation.
March 25, 2008. The Second Court of the City of Kostanay upholds the decision not to open an investigation.
April 22, 2010. Communication filed with the UN Committee against Torture.
January 18, 2011. Government files a response to the communication.
February 28, 2011. Justice Initiative files a reply to the Government’s response.
May 6, 2011. Government makes further submission on merits.
July 15, 2011. Justice Initiative files consolidated comments on Government submissions. 

Resources

Case Documents (download below)
Consolidated Comments, Justice Initiative and KIBHR, July 15, 2011.
Observations on Purported Withdrawal, Justice Initiative and KIBHR, May 6, 2011.
Reply to Government’s response, Justice Initiative and KIBHR, February 28, 2011.
Communication, Justice Initiative and KIBHR, April 22, 2010.
Submission to the European Union, Justice Initiative and others, September 28, 2009.

Related Cases
Moidunov v. Kyrgyzstan
Zhovtis v. Kazakhstan

Links  
Kazakhstan International Bureau for Human Rights and the Rule of Law

Additional Resources
US Department of State Country Report on Human Rights Practices 2007: Kazakhstan.
US Department of State Country Report on Human Rights Practices 2008: Kazakhstan.
Report of the UN Special Rapporteur on Torture, February 17, 2009
Alternative NGO CAT Report,  2008.
Concluding observations of the Committee against Torture on Kazakhstan, December 12, 2008.
Report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak on Mission to Kazakhstan, December 16, 2009.
Amnesty International, Kazakhstan: No Effective Safeguards Against Torture, March 22, 2010. 

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