DUSHANBE, February 5, 2012 Asia-Plus – Sergey Romanov, one of lawyers of the Boboyev family, has told Asia-Plus that they have lodged an application to the Constitutional Court of Tajikistan, noting that Jouraboy Boboyev, the father of Ismon Boboyev who died two years ago during interrogation at the Organized Crime Control Department (UBOP)’s office for Sughd province, has not yet been given an opportunity to familiarize himself with the criminal case’s materials.
“The law enforcement authorities justified that decision by saying that under the legislation the victim or his/her representative are prohibited from familiarizing themselves with the criminal case’s materials before completion of the preliminary investigation,” Romanov said.
In this connection, the Boboyev family’s lawyers Sergey Romanov and Abdurahmon Sharipov have applied to the Constitutional Court, asking to recognize that Point 8 in part 2 of Article 42 of Tajikistan’s Criminal Procedure Code contradicts Articles 17 (All persons are equal before the law and the courts) and 21 (The law protects the rights of victims. The government guarantees the victim judicial protection and compensation for harms suffered by him or her) of the Constitution of Tajikistan.
Romanov noted that Ismon’s farther, Jouraboy Boboyev, and the lawyers have not been given an opportunity during nearly two years to familiarize themselves with the criminal case’s materials.
Ismon Boboyev was detained by UBOP officers Manouchehr Akbarov and Firdavs Shokirov on February 19, 2010. Ismon Boboyev died in the building of UBOP’s office for Sughd province in Khujand on February 20, 2010 and according to the first medical forensic examination, he died of mechanical asphyxia (falling back of tongue). Ismon Boboyev’s body was exhumed in 1 ½ months and repeated forensic medical examination was carried out. Experts concluded that Ismon Boboyev had died of electrical injury that had caused cardiovascular and respiratory collapse.
According to Jouraboy Boboyev, that is evidence that electric shock was used against his son during interrogations.
The Sughd prosecutor’s general launched the probe into Ismon Boboyev’s death on March 25, 2010. The criminal proceedings were instituted against the UBOP officers Manouchehr Akbarov and Firdavs Shokirov under the provisions of four articles of Tajikistan’s Penal Code: Article 104 (1) – murder; Article 247 – fraud; Article 250 – extortion; and Article 316 (3) – misuse of powers. However, the case was later suspended “in connection with illness of the suspects.”
