A criminal case is opened against a pensioner who complained of the police officers who beat him up


30 September 2021

Naurzbay Tursumbayev, 66-years old pensioner from Orenburg, and his nephew Yerbulat Kudarkulov applied to the Committee Against Torture. They told human rights defenders that the officers of the Ministry of the Interior tricked the confession out of the pensioner, and when he refused to collaborate, they beat him up and humiliated him, pulling his pants off during the apprehension. In their turn, the two police officers claim that it was Tursumbayev who beat them up. A criminal case is opened against Naurzbay Tursumbayev in regard to the violence applied against the police officers. The Investigative Committee is refusing to process the pensioner’s application.

According to Tursumbayev, in winter of 2020, he provided a shelter to local citizen Anatoly Chevitkin, who became homeless. Anatoly repeatedly asked the pensioner for money to get the booze, which he refused, as he was a supporter of a teetotal lifestyle. Once, Chevitkin decided to go looking for booze to the neighboring village. Tursumbayev did not attempt to prevent him from going, but gave him his reefer, so that he did not freeze on the road.

Soon, a district police officer visited Naurzbay, who reported that his comrade was severely beaten up and invited the pensioner to the police department. Naurzbay told human rights defenders that at the police department he was asked to sign a confession because “it would be good for everybody” and that it was necessary to “close the case”. At first, he believed the police officers and signed the documents, however, during the interrogation he realized that he was tricked. He withdrew his testimony and went home. However, later on Tursumbayev got involved as a defendant.

On 10 February 2021, the police officers came to Tursumbayev’s home to hand-deliver the service of summons. He refused to go, then the police officers brought him down on the ground and beat him up: “I could not get up because of the battery inflicted, they seized me by the pants and pulled to the exit, as a result, they pulled the pants off me and I turned out to be naked. The police officers were laughing at me, and one of them was making a video record with his phone”.

That’s how Tursumbayev’s nephew, Erbulat Kudarkulov recalls these events: “At some moment my uncle started to cry and called me for help, asked to come to him and take a video with a mobile phone what was happening. I tried to go out, half-opened the door, but at that moment, one of the men hit me with an electric shocker at my hand”.

Naurzbay Tursumbaev with his nephew

As a result, the police officers brought the pensioner to the police department, but failed to perform any investigative activities with him, because he started to pass out. Tursumbayev was taken to the district hospital where he was x-rayed and diagnosed with a rib fracture.

After that, the police officers applied to the same hospital where one was diagnosed with a contusion of the left hand, and the other with a contusion of the left arm in the forearm area. At the same time, the police officers applied to the Investigative Committee and reported that Tursumbayev beat them up.

On 24 February, Tursumbayev and Kudarkulov applied to the Committee Against Torture for legal assistance. According to the forensic medical examination report, Naurzbay Tursumbayev was registered with a fracture of two ribs and an electric mark on the left hand, and Erbulat Kudarkulov – with an electric mark on the right hand.

On 12 March, the Investigative Committee initiated criminal proceedings against Tursumbayev in regard to part 1, Article 319 of the Criminal Code of the RF (applying violence against a power authority representative not threatening to his life or health in regard to performing his duties). Now the case is being examined by the Akbulaksky District Court. The Investigative Committee dismissed Tursumbayev’s claim to open a criminal case on applying force against him by the police officers.

At the present time, Naurzbay is a defendant in two criminal cases: on suspicion of beating up Chevitkin and on charges of the battery of two police officers.

“Today, Naurzbay told the court what had happened. The interrogation was very difficult for an elderly man, several times he asked to give him time to recover his breath, his eyes were red from tears, — lawyer with the Committee Against Torture Albina Mudarisova comments. – Naurzbay could not comprehend why he, being a victim of violence and abuse by the police officers, was on the wrong side of the bar”.

On this very day, the police officers (one of which was identified by Tursumbayev as a person who was taking him to the police department) were also questioned. According to human rights defenders, in court this police officer kept denying everything, blushed and was looking down to the floor”.

Read the story of our applicant in the “Mediazona” article  (rus)

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