CAT/C/KGZ/CO/2
forcibly extract confessions in the early stages following apprehension, before formal
detention or arrest, and that in practice lawyers need to secure special permission from
investigators to have access to their clients (arts. 2, 11, 12, 13, 15 and 16).
The State party should ensure that:
(a)
All persons deprived of liberty are afforded, in law and in practice, all
fundamental legal safeguards from the very outset of their deprivation of liberty,
including the rights to prompt access to a lawyer of their choice, to request a medical
examination by an independent doctor, to contact family members, to be informed
promptly of their rights, including about the charges against them, and to be brought
before a judge within 48 hours of their deprivation of liberty;
(b)
All persons deprived of their liberty have prompt access to assistance
from independent lawyers, and can communicate privately with them;
(c)
All detainees, including minors, are included in a central register of
persons deprived of liberty, in which relevant information about fundamental
safeguards is immediately recorded, and which can be accessed by the lawyers and
family members of those detained and others as appropriate; that the State party
monitors the provision of safeguards to persons deprived of their liberty, including
public officials’ compliance with registration requirements; and that any public
official who denies fundamental legal safeguards to such detained persons is
disciplined or prosecuted.
Definition and criminalization of torture
10.
While welcoming the recent amendment in the Criminal Code on the definition of
torture, the Committee regrets that the current definition of torture in article 305(1) of the
Criminal Code limits criminal responsibility to public officials, excluding other persons
acting in an official capacity. Furthermore, the Committee regrets that the specific offence
of torture is not punishable by appropriate penalties, as required by the Convention. The
Committee is also concerned that the statute of limitations applicable to the offence of
torture under domestic law may prevent investigation, prosecution and punishment of these
non-derogable crimes (arts. 1, 2 and 4).
The State party should continue its efforts to bring its domestic law into accordance
with the Convention, inter alia by ensuring that the definition of torture in
article 305(1) of the Criminal Code covers all the elements contained in article 1 of the
Convention and that acts of torture are punishable by appropriate penalties
commensurate with the gravity of the offence, as set out in article 4, paragraph 2 of
the Convention. Furthermore, the State party should ensure that the prohibition
against torture is absolute and that there is no statute of limitations for acts of torture.
Status of the Convention in the domestic legal order
11.
While welcoming the fact that international treaties are directly applicable in the
State party under article 6 of the Constitution, the Committee notes with concern that the
Convention has never been directly invoked in domestic courts (CAT/C/KGZ/2, para. 14)
(arts. 2 and 10).
The State party should take necessary measures to ensure de facto applicability of the
provisions of the Convention in its domestic legal order, inter alia by training the
judiciary and law enforcement personnel on the provisions of the Convention.
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