CAT/C/KGZ/CO/2 (c) The apparent practice by investigators of valuing the testimonies of individuals implicated in torture over those of complainants, and of dismissing complaints summarily; and (d) The failure of the judiciary to effectively investigate torture allegations raised by criminal defendants and their lawyers in court. Various sources report that judges commonly ignore information alleging the use of torture, including reports from independent medical examinations. As a matter of urgency, the State party should take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, including by implementing policies that would eliminate impunity for perpetrators of torture and ill-treatment and ensure prompt, impartial, effective investigations into all allegations of torture and ill-treatment, prosecution of those responsible, and the imposition of appropriate sentences on those convicted. The State party should: (a) Publicly and unambiguously condemn the use of all forms of torture, warning that any person ordering, committing, instigating, acquiescing to or acting as an accomplice to such acts shall be criminally prosecuted and punished; (b) Establish an independent and effective mechanism to facilitate the submission of complaints by victims of torture and ill-treatment to public authorities; and ensure that complaint mechanisms are available and that complainants are protected in practice against abuse or intimidation as a consequence of their complaint or any evidence given; (c) Ensure that all health professionals who encounter signs of torture and ill-treatment are under a legal obligation to document such abuses, in line with the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), that all persons deprived of their liberty are guaranteed timely access to a qualified and independent medical investigator upon their request, and that all medical examinations are carried out in private; and consider transferring responsibility for oversight of medical staff of detention facilities to the Ministry of Health; and (d) Ensure that investigations into allegations of torture are not undertaken by or under the authority of the police, but by an independent body, that preliminary enquiries into complaints of torture are undertaken and concluded promptly upon receipt of the complaint, and that official investigations are opened in all cases where there are reasonable grounds to believe that torture was committed; and ensure that officials alleged to be responsible for violations of the Convention are suspended from their duties during such investigations. 7. The Committee remains seriously concerned by the State party’s response to the allegations of torture in individual cases brought to the attention of the Committee, and particularly by the State party’s authorities’ refusal to carry out full investigations into many allegations of torture on the grounds that preliminary enquiries revealed no basis for opening a full investigation. The Committee is gravely concerned by the case of Azimjan Askarov, an ethnic Uzbek human rights defender prosecuted on criminal charges in connection with the death of a police officer in southern Kyrgyzstan in June 2010, which has been raised by several Special Rapporteurs, including the Special Rapporteur on the situation of human rights defenders (A/HRC/22/47/Add.4, para. 248; A/HRC/19/55/Add.2, para. 212). Mr. Askarov has alleged that he was beaten severely by police on numerous occasions immediately following his detention and throughout the course of the criminal proceedings against him, and that he was subjected to repeated violations of procedural safeguards such as prompt access to a lawyer and to an effective, independent medical examination. The Committee notes that independent forensic medical examinations appear 3

Select target paragraph3