CAT/C/KGZ/CO/2
including Askarov, Tomina, and Usmanov, and prosecute and punish the perpetrators
with appropriate penalties;
(c)
Consider accepting the request for a visit by the Special Rapporteur on
the situation of human rights defenders (A/HRC/22/47/Add.4, para. 250);
(d)
Refrain from enacting legislation that would impede the ability of human
rights defenders to conduct their activities in line with the provisions of the
Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms; and ensure that no individual or group will be subjected to
prosecution in reprisal for cooperating with United Nations or other international,
regional, or national human rights entities.
Deaths in custody
17.
The Committee is deeply concerned about reports of deaths in custody or
immediately after release, and the authorities’ failure to investigate such cases, often
despite medical reports revealing marks of beating, as in the case of Bektemir Akunov
(A/HRC/7/3/Add.1, para. 121) and the cases of three ethnic Uzbeks raised in the report of
the United Nations High Commissioner for Human Rights (A/HRC/20/12, para. 39). The
Committee notes the concern raised by the Special Rapporteur on the question of torture
that independent investigations launched into deaths in custody are the exception rather
than the rule in Kyrgyzstan and that relatives of victims often come under pressure from the
police to withdraw their complaints or to settle in order to close the case. The Committee
regrets the State party’s failure to implement the Human Rights Committee’s Views on the
case of death in custody referred to in communication No. 1756/2008 (arts. 2, 11, 12 and
16).
The Committee urges the State party to:
(a)
Promptly, thoroughly and impartially investigate all incidents of death in
custody; and prosecute those responsible for acts of torture, ill-treatment or wilful
negligence and punish them with appropriate penalties; and
(b)
Ensure independent forensic examinations in all cases of death in
custody; permit family members of the deceased to commission independent
autopsies; and ensure that the State party’s courts accept the results of such
independent autopsies as evidence in criminal and civil cases.
Violence against women, including rape and bride-kidnapping
18.
While noting various initiatives by the authorities to combat violence against
women, the Committee remains concerned at (a) reports of widespread violence against
women, including domestic violence, trafficking and bride-kidnapping; and (b) the lack of
information provided about prosecutions for such violence. The Committee regrets that
existing law prohibiting domestic violence and bride-kidnapping is not implemented in
practice, mainly due to the lack of a political commitment and appropriate training for law
enforcement officials and the judiciary (arts. 2, 12, 13, 14 and 16).
The State party should:
(a)
Effectively combat violence against women, inter alia by promptly
investigating complaints related to such violence, including domestic violence and
bride-kidnapping, and institute criminal proceedings against perpetrators and those
aiding and abetting the kidnappings, even in the absence of a formal complaint;
8