A/HRC/31/57/Add.1
286. It has come to the attention of the Special Rapporteur that, as of drafting the report,
the extradition of Mr. Mesli has not taken place, and the Government of Italy has released
him from house arrest.
287. The Rapporteur welcomes the decision of the Government of Italy to refrain from
extraditing him and thereby complying with article 3 of the CAT. The Rapporteur strongly
urges the Government of Italy to protect the right of Mr. Mesli to be free from torture or
cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the CAT, and to
refrain from extraditing or deporting Mr. Mesli to another State where there are substantial
grounds for believing that the person would be in danger of being subjected to torture,
thereby ensuring compliance with article 3 of the CAT.
Kyrgyzstan
(a)
JAL 22/05/2014 Case No. KGZ 2/2014 State Reply: 27/02/2015 Allegations concerning
the physical attack of Ms. Dinara Turdumatova, a human rights lawyer, by an official
at the Ministry of Internal Affairs.
288. The Special Rapporteur thanks the Government of Kyrgyzstan for its reply dated
27/02/2015 to the present communication. The Rapporteur acknowledges the account of the
Government in response to the concerns, legal obligations, and questions raised in the
initial communication. He welcomes the information provided by the Government,
according to which an investigation into Ms. Turdumatova’s allegations has been
undertaken and the case is currently under investigation by the prosecutor’s office. While
he welcomes the extensive account given by the State, the Rapporteur regrets the lack of
information on the potential biases of the witnesses interviewed, most of whom were also
police officers or associated with the police department or suspects facing serious criminal
charges.
289. The Special Rapporteur urges the Government of Kyrgyzstan to comply with its
obligation, under international customary law, to investigate, prosecute and punish all acts
of torture and other cruel, inhuman or degrading treatment or punishment, and invites the
Government to keep him informed of the outcome of any further investigation and
prosecution.
(b)
JAL 21/09/2015 Case No. KGZ 3/2015 State Reply: 18/01/2016 Allegations concerning
alleged violations of the human rights of members of two minority religious groups in
the Kyrgyz Republic: Elchilik Jiyini Church in Kemin district and Jehovah’s
Witnesses in the city of Osh.
290. The Special Rapporteur thanks the Government of Kyrgystan for its reply, dated 18
January 2016, to the present communication. The reply in particular addresses the activities
of representatives of religious organisations ¨like the Elchilik Jiyini Church and the
Jehovah’s Witnesses.
291. The Special Rapporteur regrets however that the reply, does not address the
allegations of ill-treatment of members of the Jehova’s Witnesses in the city of Osh, and
concludes, in the absence of information to the contrary, that there is substance in the
allegations presented in the initial communication, reiterated above, and thus, that the
Government of Kyrgyzstan, by failing to protect their physical and psychological integrity
has violated their right to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 2 and 16 of the CAT.
(c)
50
JUA 25/02/2015 Case No. KGZ 1/2015 State Reply: 08/07/2015 Allegations concerning
the alleged arbitrary arrest, detention, torture and ill-treatment of Mr. Evgenii
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