CAT/C/KGZ/CO/2
to have substantiated Mr. Askarov’s allegations of torture in police custody, and have
confirmed resulting injuries including persistent visual loss, traumatic brain injury, and
spinal injury. Information before the Committee suggests that Mr. Askarov’s complaints of
torture have been raised on numerous occasions with the Prosecutor’s office, as well as
with the Kyrgyz Ombudsman’s office, and with Bazar-Korgon District Court, the Appeal
Court and the Supreme Court. To date, however, the State party’s authorities have declined
to open a full investigation into his claims, relying on allegedly coerced statements made by
Mr. Askarov while in police custody that he had no complaints. The Committee
understands that the State party is presently considering the possibility of further
investigating these claims. The Committee is concerned by the State party’s refusal to
undertake full investigations into allegations of torture regarding other cases raised during
the review, including those of Nargiza Turdieva and Dilmurat Khaidarov (arts. 2, 12, 13
and 16).
As a matter of urgency, the State party should: (a) undertake a full, effective and
independent investigation into the claims of torture made by Azimjan Askarov;
(b) ensure that Azimjan Askarov receives adequate medical care; and (c) review the
grounds for his continued detention in light of his allegations. The State party should
also ensure that torture claims made by Nargiza Turdieva and Dilmurat Khaidarov
are fully, impartially and effectively investigated.
8.
The Committee remains concerned at the lack of full and effective investigations
into the numerous allegations that members of the law enforcement bodies committed
torture and ill-treatment, arbitrary detention and excessive use of force during and
following the inter-ethnic violence in southern Kyrgyzstan in June 2010. The Committee is
concerned by reports that investigations, prosecutions, condemnations and sanctions
imposed in relation to the June 2010 events were mostly directed against persons of Uzbek
origin, as noted by sources including the Committee on the Elimination of Racial
Discrimination, in 2013 (CERD/C/KGZ/CO/5-7, paras. 6–7). The Committee further
regrets the lack of information provided by the State party on the outcome of the review of
995 criminal cases relating to the June 2010 violence (arts. 4, 12, 13 and 16).
The State party should take effective measures to ensure that all allegations of torture
or ill-treatment, related to the June 2010 violence, by security or law enforcement
officials are fully and impartially investigated, and that the officials responsible are
prosecuted. In particular, the State party should ensure that:
(a)
A thorough and impartial review of 995 criminal cases related to the
June 2010 violence is conducted, and, when appropriate, proceedings are reopened in
cases in which torture allegations have not been fully investigated or in which serious
violations of due process rights have been revealed;
(b)
Security or law enforcement officials found responsible are subjected to
disciplinary and/or criminal penalties for torture and ill-treatment; and
(c)
Allegations of any public official’s infliction of, ordering of, or
acquiescence to torture or ill-treatment against ethnic Uzbeks is fully and effectively
investigated and, as appropriate, prosecuted.
Fundamental legal safeguards
9.
The Committee expresses its serious concern at the State party’s failure to afford to
all persons deprived of their liberty, especially those held in pretrial detention, all
fundamental legal safeguards, as described in the Committee’s general comment no. 2
(2007) on implementation of article 2 by States parties (paras. 13–14), from the outset of
deprivation of liberty. The Committee is particularly concerned at reports that detainees are
frequently denied access to an independent lawyer of their choice, that police officers
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