CAT/C/KGZ/CO/2
Independence of the judiciary
12.
While noting the State party’s efforts to guarantee the independence of judges, the
Committee remains concerned at the reported lack of independence of the judiciary, in
particular the process of selecting judges, the attestation procedure for judges, and the
requirement for re-evaluation every seven years, as well as the low level of salaries and the
uncertain tenure of judges, which may lead to corruption. It is also deeply concerned at
reports that corruption in the judiciary significantly contributes to a climate of impunity
(art. 2).
The State party should strengthen the independence and impartiality of the judiciary
for the performance of its duties in accordance with international standards, notably
the Basic Principles on the Independence of the Judiciary, inter alia by guaranteeing
judges’ security of tenure. The State party should implement the recommendations
regarding Kyrgyzstan made by the Special Rapporteur on the independence of judges
and lawyers (E/CN.4/2006/52/Add.3).
Coerced confessions
13.
The Committee is seriously concerned at numerous, consistent and credible reports
that the use of forced confessions as evidence in courts is widespread. While noting that the
use of evidence obtained through unlawful means is prohibited by law, it is deeply
concerned that in practice there is a heavy reliance on confessions within the criminal
justice system. The Committee is further concerned at reports that judges have frequently
declined to act on allegations made by criminal defendants in court, or to allow the
introduction into evidence of independent medical reports that would tend to confirm the
defendant’s claims of torture for the purpose of obtaining a confession. The Committee
regrets the lack of information provided by the State party on cases in which judges or
prosecutors have initiated investigations into torture claims raised by criminal defendants in
court, and is alarmed that no official has been prosecuted and punished for torture even in
the single case brought to its attention in which a conviction obtained by torture was
excluded from evidence by a court – that of Farrukh Gapiurov, who was acquitted by the
Osh Municipal Court of involvement in the June 2010 violence (arts. 2 and 15).
The Committee urges the State party to:
(a)
Adopt legislation explicitly prohibiting the use of evidence obtained
through torture, in line with article 15 of the Convention, and ensure its
implementation;
(b)
Ensure that judges and prosecutors initiate investigations and take other
appropriate remedial measures ex officio whenever a criminal defendant or his or her
lawyer presents reasonable grounds to believe that a confession has been obtained
through torture or ill-treatment, and ensure that the perpetrators of such abuses are
prosecuted and, upon conviction, punished, including in the case of Farrukh
Gapiurov;
(c)
Ensure that the findings of independent forensic medical examinations of
criminal defendants who allege that they were tortured are considered admissible as
evidence in court proceedings and given evidentiary weight equivalent to that given to
the reports of State-employed medical professionals, where appropriate.
National human rights institution
14.
The Committee is concerned that the organization and the prerogatives of the Office
of the Ombudsman do not comply with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles), especially
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