CAT/C/KGZ/CO/2 (c) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (29 September 2003); (d) The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (29 December 2008); and (e) The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (6 December 2010). 4. The Committee notes the ongoing efforts by the State party to reform its legislation, policies and procedures, including: (a) (b) in 2011; The adoption of the new Constitution in 2011; Amendments to the Criminal Code in 2012 and the Criminal Procedure Code (c) The adoption of three decrees (nos. 40, 70 and 75) by the General Prosecutor’s Office in 2011; and (d) C. The abolition of the death penalty in 2007. Principal subjects of concern and recommendations Impunity for, and failure to investigate, widespread acts of torture and ill-treatment 5. The Committee is deeply concerned about the ongoing and widespread practice of torture and ill-treatment of persons deprived of their liberty, in particular while in police custody to extract confessions. These confirm the findings of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/19/61/Add.2, paras. 37 et seq.), and of the United Nations High Commissioner for Human Rights (A/HRC/20/12, paras. 40–41). While the Kyrgyz delegation acknowledged that torture is practised in the country, and affirmed its commitment to combat it, the Committee remains seriously concerned about the substantial gap between the legislative framework and its practical implementation, as evidenced partly by the lack of cases during the reporting period in which State officials have been prosecuted, convicted and sentenced to imprisonment for torture (arts. 2, 4, 12 and 16). 6. The Committee is gravely concerned at the State party’s persistent pattern of failure to conduct prompt, impartial and full investigations into the many allegations of torture and ill-treatment and to prosecute alleged perpetrators, which has led to serious underreporting by victims of torture and ill-treatment, and impunity for State officials allegedly responsible (arts. 2, 11, 12, 13 and 16). In particular, the Committee is concerned about: (a) The lack of an independent and effective mechanism for receiving complaints and conducting impartial and full investigations into allegations of torture. Serious conflicts of interest appear to prevent existing mechanisms from undertaking effective, impartial investigations into complaints received; (b) Barriers at the pre-investigation stage, particularly with regard to forensic medical examinations, which in many cases are not carried out promptly following allegations of abuse, are performed by medical professionals who lack independence, and/or are conducted in the presence of other public officials, leading to the failure of the medical personnel to adequately record detainees’ injuries, and consequently to investigators’ failure to open formal investigations into allegations of torture, for lack of evidence; 2

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