REPORT OF MISTREATMENT OF FUAD PEYGUMBARI

UNCLAS BISHKEK 000687 SIPDIS DEPT FOR CA/OCS/ACS/NESCA: JHUNTER DEPT FOR SCA/CEN: DGEHRENBECK E.O. 12958: N/A TAGS: CASC KG SUBJECT: REPORT OF MISTREATMENT OF FUAD PEYGUMBARI REF: 1. BISHKEK 369 ¶2. BISHKEK 296 ¶3. BISHKEK 220 ¶4. BISHKEK 85 ¶5. BISHKEK 82 ¶8. CONDITION OF ARRESTEE: Fair ¶20. MISTREATMENT: YES - WHEN MISTREATED: June 30, 2008 - MISTREATMENT PROTESTED: PENDING - MISTREATMENT DESCRIPTION: Peygumbari's attorney contacted post on July 1. On June 30, 2008, Peygumbari, the lead investigator Kaparov, Peygumbari's attorney and an unnamed GKNB official were present in a meeting. According to the attorney, the unnamed GKNB official became verbally abusive and struck Peygumbari several times. Post requested immediate access and was denied by the GKNB (confirmed) ¶24. REMARKS: As stated above, Peygumbari's attorney contacted post with alarming news that Payegumbari had been beaten while in custody of the State Committee on National Security (GKNB). On Monday June 30th, Peygumbari, his attorney, the lead investigator and an unnamed GKNB official met to review the case in preparation for its transfer to the General Prosecutor's Office. According to the attorney, the unnamed GKNB official began verbally abusing Peygumbari and proceeded to strike him several times in the face and head. The official attempted to kick Peygumbari in the stomach but managed to strike his left wrist instead. Peygumbari's attorney immediately filed a criminal complaint against the GKNB and contacted the Embassy. The Embassy requested immediate access to Peygumbari on July 1st after learning of the incident. The GKNB flatly denied the request. On July 2nd, Peygumbari appeared before the Bishkek City Courts. The Consular Section Chief and ACS FSN were able to attend but only after reminding the presiding judge of the Article 36 of the Vienna Convention on Consular Relations. The purpose of the hearing was to consider Peygumbari's request for bail. While the ConChief was not allowed to speak at length with Peygumbari, she did note that his face appeared swollen. His left eye appeared bruised and swollen. Peygumbari had a large bandage on the left side of his neck. His left hand was bandaged and the knuckles on his right hand were badly scraped. Peygumbari's request for bail was denied. According to the attorney, Peygumbari's case will finally be transferred to the General Prosecutor's Office next week to schedule his trial. Peygumbari has been in detention since January 21, 2008. He has already served the minimum sentence for his charges should he be found guilty. Post has prepared a diplomatic note formally protesting Peygumbari's mistreatment while in GKNB custody that will be sent July 3. The Ambassador will raise this case with the Minister of Foreign Affairs and other senior GOKG officials. Post will continue to carefully monitor Peyguumbari's condition and seek regular access to him. Yovanovitch