CEDAW/C/77/D/133/2018 Advance unedited version
2.17 On 29 July 2016, an appeal complaint was filed to the Regional Court of
Jalalabad, to no avail. On 6 December 2016, both decisions were appealed within
the supervisory review procedure to the Supreme Court of Kyrgyzstan, with no
success.
2.18 On the basis of the above-mentioned decisions, the representative decided not
to appeal the conditions of detention in the Maili-Say temporary isolation ward,
the Nooken temporary isolation ward, the Bazar-Korgon temporary isolation ward
and the Batken isolation ward. 3
2.19 On 16 May 2017, the author filed a complaint to the Pervomaisk District
Court seeking compensation for moral damages. Her complaint was rejected on 17
May 2017. She appealed to the Bishkek City Court on 22 May 2017, and her
complaint was rejected. The author claims that no further remedy exists.
2.20 The author asks the Committee to find the State party responsible for
violations of the articles as indicated, and pay her a just compensation
commensurate with her sufferings; take appropriate steps to prevent similar
violations of women detainees in Kyrgyzstan; initiate effective investigation of all
claims of violations of these rights in places of detention; and provide women
guards to search and monitor women detainees and train such guar ds on the
provisions of the Convention and other international norms and jurisprudence.
Complaint
3.1 The author claims that her detention in temporary isolation wards as indicated
above was discriminatory, in violation of articles 2 (a), (b), (d), (e) and (f), as well
as articles 3 and 5 (a), read in conjunction with article 1, of the Convention.
According to the official confirmation from the Ministry of Internal Affairs, these
isolation wards were staffed exclusively with male guards.
3.2 The male guards would watch the detainees, including the times when the
author used the toilet, which was clearly visible to the guards. The toilets in the
outside yards were blocked only by a small piece of wood, leaving most of the
author’s body visible.
3.3 As prescribed by law in Kyrgyzstan, all detainees, upon arrival to the
detention facility, must be searched, their fingerprints recorded and their personal
belongings examined. Such a search can be conducted only by guards of the same
sex as the detainee. However, the author was searched by male guards, since none
of the isolation wards had any women guards.
3.4 During the entire duration of detention, the author was not given any hygienic
supplies, such as tampons, sanitary pads or napkins. The author was also not able
to properly wash her clothing, including underwear.
3.5 The guards insulted the author and called her various inappropriate names
such as “little rose” or “rozochka”. The guards also touched her inappropriately. 4
The author suffered from these violations for three years, which led to a
deterioration in her health. According to article 3 of the Conve ntion, and to rule 53
of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules), women detainees must be guarded only by women guards.
3.6 In its general recommendation No. 19 (1992) on violence against women, the
Committee expressed its view that the violence that specifically targets women
__________________
3
4
4/10
Author was in the Batken isolation ward from 7 to 30 September 2015.
The author provides no details.