CAT/OP/KGZ/2
9.
The Subcommittee wishes to express its gratitude to the national preventive
mechanism for its assistance and cooperation relating to the planning and undertaking of
the visit. It also encourages the mechanism to take on board and follow up on the
recommendations contained in the report and incorporate them into its methodology and
strategic planning.
II. National preventive mechanism
10.
On 12 July 2012, Kyrgyzstan established, through the law on the national preventive
mechanism (No. 104), the National Centre for the Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. The National Centre was registered as a
State body and started its activities in March 2014 upon completion of its first recruitment
cycle.
11.
The national preventive mechanism is composed of two bodies: the coordination
council, which is the superior administrative body, and an executive body, comprising 25
staff members, who are selected by the director of the mechanism upon recommendation by
the coordination council. The mechanism is managed by the coordination council, 1 and
consists of 11 members, including the Ombudsman, 2 members of the parliament (1
nominated by the parliamentary majority, the other by the opposition) and 8 civil society
representatives. The coordination council decides the mechanism’s strategy, adopts the
methodology and annual programme of preventive visits, submits recommendations to the
State and analyses laws and regulations. It also appoints the director and deputy director of
the mechanism.
12.
Pursuant to the law,2 the national preventive mechanism is an independent body that
organizes and performs its activities independently and enjoys functional and
organizational independence. The modalities and procedures of the formation of the
coordination council and recruitment of staff, as well as the rights and responsibilities of
each, have been enumerated in the law.
13.
The Subcommittee takes note of the concerning fact that the coordination council is
currently paralysed and unable to exercise its important functions. This is due to the lack of
quorum caused by resignation or departure of some members, and the supposed indolence
of the parliament with regard to enforcing the process of elections of the new members.
14.
The national preventive mechanism conducts three types of visits to places of
deprivation of liberty: comprehensive inspections, as programmed by the coordination
council; special inspections, planned on the basis of complaints received by the mechanism;
and interim visits, which are follow-up visits to ensure the implementation of the
recommendations from the previous visits.3 The mechanism issues reports and
recommendations following each visit, some of which are accessible to the public. An
annual report is sent to the parliament by 1 March each year and should be accompanied by
the financial statements of the National Centre. In general, there seems to be a lack of
interest by the parliament in considering those reports, since the hearing for the 2016 report
was largely delayed and the hearing for the 2017 report remained pending at the time of
drafting the present report. The recommendations of the national preventive mechanism are
generally taken lightly by high-ranking governmental authorities but seem to bear some
weight at the operational level.
15.
The Subcommittee notes that there are general misconceptions about the role of the
mechanism, especially expectations regarding the investigation of cases of torture and illtreatment. The efficiency of the mechanism tends to be assessed by the number of
complaints it receives and the number of criminal cases initiated by the authorities, which is
contrary to the spirit of the Optional Protocol and the preventive mandate of the national
preventive mechanism envisaged therein.
1
2
3
4
Jointly with the director, as envisaged in article 5 of the law on the national preventive mechanism.
Articles 5 and 17 of the law on the national preventive mechanism.
All three types of visits are envisaged in article 23 of the law on the national preventive mechanism.