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