To introduce amendments in quasi-torture articles (Article 304 “Abuse of partially implemented
power,” Article 305 “Exceeding official powers,” Article 316
“Negligence,” Article 325 “Compulsion of evidence,” Article 332 “Bribery
or compulsion of evidence or evasion of testimony or compulsion of wrong
translation”) for purposes of excluding duplication of articles providing for
liability for torture.
3. To introduce amendments in Article 4 of the Law “On General Principles
not implemented
of Amnesty and Clemency” stating that amnesty may not be applied to
convicts who committed offences envisaged by Article 305-1 of the CC
KR. In the same vein, implement a recommendation by the UN Committee
against Torture of 18 November 1999 whereby the state should ensure
non-applicability of the Amnesty Law regarding offences related to torture.
4. To introduce amendments in the CPC KR whereby priority should be
not implemented
given to testimony at trial hearings with a view to prevent cases of
confessions extracted under duress by law enforcement officials in the
course of investigation activities. A norm should be introduced in Article
81 of the CPC KR (Evidence) stating that testimony given by a suspect
charged with a criminal offence during pre-trial criminal proceedings, but
not confirmed by him/her in a courtroom, should be regarded as
inadmissible evidence. This norm would exclude the need to use torture
and to obtain confessionary statements, since they will not be of paramount
importance in court when a person’s guilt is established.
5. To introduce amendments in Article 17 of the Law on Custody Procedure
implemented
and remove a provision stating that “a lawyer shall be granted an
appointment if they have a written confirmation of lawyer’s participation
in the criminal case issued by an investigator, prosecutor and a court of law
considering the criminal case” which violates the principle of adversarial
trial and the right to defence.
6. To remove a provision from Article 325 of the CPC KR (Releasing a
not implemented
defendant from custody) stating that in case a defendant is acquitted, or a
guilty verdict without punishment or with exemption from punishment is
passed, or in case of a conditional sentence or non-custodial punishment,
or in case criminal proceedings are terminated, a defendant who is under
arrest must be released immediately only when the sentence comes into
effect.
7. To introduce amendments in the Law on Custody Procedure establishing
not implemented
absolute prohibition on the following:
а) censorship on correspondence of persons placed in detention
institutions with their lawyer, parliamentarians, Ombudsman of the Kyrgyz
Republic and international human rights bodies;
b) placement of juveniles in one cell with adults with “positive
references” in temporary detention facilities.
8. To introduce additional norms in the CPC KR regulating the procedure for
not implemented
carrying out special investigation activities aimed at crime prevention and
identification of perpetrators, the status of persons involved in such
activities and their rights and duties.
9. To ensure permanent parliamentary control over Kyrgyzstan’s compliance
not implemented
with commitments within international human rights treaties and timely
submission of periodic reports on implementing these commitments.
10. To facilitate the establishment and effective functioning of the National partially implemented
Preventive Mechanism – a new approach in torture prevention within the
framework of the Optional Protocol to the UN Convention against Torture.
11. To make an official statement recognizing the competence of the UN
not implemented
Committee against Torture to deal with individual reports related to the
violation of the right to freedom from torture as per Article 22 of the UN
Convention against Torture.
2.
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