The case of Rakhilakhan Bizurukova v. Kyrgyzstan. The views of the UN Human Rights Committee dated January 10, 2024. Message No. 3001/2017.
In 2017, the author was assisted in preparing a complaint. Subsequently, the complaint was communicated to Kyrgyzstan.
The author claimed that the State party violated her husband's rights due to the fact that the medical staff at the place of forced detention did not provide him with adequate medical care, which led to his death. The Committee concluded that the information provided to it indicated a violation of the author's husband's rights under articles 6 and 10 of the Covenant.
The Committee's legal position is that the obligation to ensure the right to life of detainees lies with the State, and that detainees themselves are not obligated to seek protection. Participating States have an increased obligation to ensure that all necessary measures are taken to protect the lives of persons deprived of their liberty by the State, since by arresting, detaining, imprisoning or otherwise depriving them of their liberty, Participating States assume responsibility for taking care of their lives and physical integrity, while reducing such responsibility. They cannot refer to the lack of financial resources or other logistical problems. The State Party should be aware of the state of health of prisoners in public places of detention, to the extent that this can reasonably be assumed (paragraph 7.3 of the Considerations).
The Committee recalls that the humane treatment of all persons deprived of their liberty, with respect for their dignity, is a fundamental rule of universal application. They should not experience any privations or hardships other than those that are an inevitable consequence of deprivation of liberty; they should be treated humanely in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners. In accordance with the Principles of Medical Ethics relating to the role of health workers, especially doctors, in protecting prisoners or detainees from torture and other cruel, inhuman or degrading treatment or Punishment, medical personnel, especially doctors providing medical care to prisoners or detainees, are required to protect their physical and mental health. and provide treatment for diseases of the same quality and level as is provided to persons who are not prisoners or detainees (paragraph 7.4 of the Considerations).
The Committee's assessment of the factual circumstances of the case: it is noted that, given the general state of health and age of M. Bizurukov, as well as the seriousness of his complaints, a properly functioning medical service in the detention facility could and should have provided him with regular monitoring and the necessary medical care to prevent a sudden deterioration in his health. The Committee found that the State party had failed to take appropriate measures to protect the life of M. Bizurukov during his stay in the detention facility (paragraph 7.3 of the Views).
The Committee's conclusions: The information provided revealed a violation by the State party of the author's husband's rights under articles 6 (1) and 10 (1) of the Covenant (paragraph 8 of the Views).