A/HRC/19/61/Add.2 being rude to the members of the Special Rapporteur’s team. At the temporary detention facility of Osh City Interior, an officer went to the cells ahead of the Special Rapporteur telling inmates “you know what you have to say”. These incidents constitute serious breaches of the terms of reference agreed upon by the Government of Kyrgyzstan. Moreover, any restrictions to the Special Rapporteur’s right to unrestricted access to detention facilities and any interference with private interviews with detainees leads him to suspect that these authorities wished to conceal evidence. 7. The Special Rapporteur wishes to express his gratitude to the Office of the United Nations High Commissioner for Human Rights (OHCHR), in particular its Regional Office for Central Asia, in Bishkek, the United Nations country team, the Resident Coordinator and others involved in organizing the visit, for the excellent assistance prior to and throughout the mission. 8. The Special Rapporteur shared his preliminary findings with the Government at the close of his mission. On 20 January 2012, he sent an advanced preliminary version of the present report to the Government in English and a Russian language version on 24 January 2012. On 20 February 2012, the Government provided comments. II. Legal framework A. International level 9. Kyrgyzstan is a party to the main United Nations human rights treaties prohibiting torture and ill-treatment, including the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. Kyrgyzstan acceded to the Optional Protocol to the Convention against Torture in 2008. The State is also a signatory to the Rome Statute of the International Criminal Court. B. Regional level 10. Kyrgyzstan, as a participating State in the Organization for Security and Cooperation in Europe (OSCE), has made a number of political commitments in the field of human rights. It is also a party to regional agreements, mainly in the field of security cooperation, such as the Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases of the Commonwealth of Independent States . Kyrgyzstan is a member of the Shanghai Cooperation Organization and the Collective Security Treaty Organization. C. 1. National level Constitutional and legislative provisions criminalizing torture 11. Article 22 of the Constitution promulgated on 27 June 2011 stipulates that “No one may be subject to torture or to other inhuman, cruel and degrading forms of treatment or punishment.” In addition, article 20, paragraph 4, of the Constitution provides that the prohibition of torture and other inhuman, cruel and degrading forms of treatment and punishment should not be subject to any limitations. 12. Article 305-1 of the Criminal Code, as amended in 2003, prescribes punishment for ill-treatment, including ill-treatment with the use of torture, in the form of imprisonment for a period of three to five years. 5

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