CAT/C/KGZ/CO/2
the Human Rights Committee on several cases relating to torture and ill-treatment, despite
article 41(2) of the Constitution which requires a remedy upon the finding by an
international body of a violation; and (c) the lack of State-supported specialized
rehabilitation services for torture victims, with the result that all available rehabilitation in
the State party is provided by a non-governmental organization dependent on outside
funding (art. 14).
Noting the Committee’s general comment no. 3 (2012) on implementation of article 14
by States parties, the State party should ensure de jure and de facto access to timely
and effective redress for all victims of torture and ill-treatment, by:
(a)
Adopting and implementing legislation and policies explicitly providing
for the right to remedy and reparation for victims of torture and ill-treatment;
(b)
Ensuring that effective rehabilitation services and programmes are
established in the State that are accessible to all victims without discrimination, and
are not dependent upon the victim pursuing judicial remedies;
(c)
Taking necessary measures to protect the safety and personal integrity of
victims and their families seeking compensation or rehabilitation services;
(d)
Complying with the Views of the Human Rights Committee relating to
rights to remedy for torture victims.
Refugees and asylum seekers
23.
While noting positive steps, including the amendment of the Refugees Act in 2012,
the Committee expresses its concern at reports that several refugees and asylum seekers
from a neighbouring country were forcibly or secretly returned and that refugees continue
to be at risk of refoulement, or of abduction by security services of the neighbouring
country, sometimes in cooperation with Kyrgyz counterparts. The Human Rights
Committee found that the extradition by Kyrgyzstan of four Uzbeks, recognized as refugees
by the United Nations High Commissioner for Refugees, to Uzbekistan, breached their
right to freedom from torture (communication Nos. 1461/2006, 1462/2006, 1476/2006 and
1477/2006). Moreover, the Committee shares the concern raised by the Committee on the
Elimination of Racial Discrimination that a discriminatory approach to registration
procedures and recognition of refugee status for foreign Uighurs and Uzbeks places them at
risk of police harassment and refoulement (CERD/C/KGZ/CO/5-7, para. 17) (art. 3).
The State party should take all necessary measures to ensure the principle of nonrefoulement, inter alia by bringing its current procedures and practices into line with
article 3 of the Convention; and to ensure adequate judicial mechanisms for the
review of decisions, sufficient legal defence for persons subject to extradition, and
effective post-return monitoring arrangements.
Training
24.
While noting various human rights training programmes for public officials and
judges, the Committee regrets: (a) the insufficient level of practical training with regard to
the provisions of the Convention for law enforcement officers and the judiciary; (b) the lack
of specific training to detect signs of torture and ill-treatment for medical personnel dealing
with detainees; and (c) the lack of information on the impact of existing training
programmes on the prevention of the offences of torture or ill-treatment (art. 10).
The State party should:
(a)
Reinforce training programmes on the absolute prohibition of torture
and the State party’s obligations under the Convention, taking a gender-sensitive
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