A/HRC/19/61/Add.4
Kyrgyzstan
JUA 16/03/2011 Case No. KGZ 1/2011 State reply: 31/05/2011 Alleged violation of due
process rights and guarantees in the conduct of criminal proceedings in relation to the
June 2010 violence.
93.
The Special Rapporteur thanks the Government of Kyrgyz Republic for its reply,
dated 31 May 2011, to this communication regarding, inter alia, alleged torture and illtreatment of individuals detained in relation to the June 2010 violence. In its reply, the
Government indicated that its penal enforcement system “does not allow any acts of racism,
torture or anti-Semitism.” The Government indicated that it did not receive any “official
complaints” regarding the allegations. The Government noted that the Ministry of Internal
Affairs Internal Security Service found no proof of the alleged death from torture of Mr.
Khairullo Amanbaev. It also indicated that authorities decided “not to bring criminal cases
in respect of all the information submitted” due to lack of evidence. The Government
reported that 20 inspections of detention conditions had been undertaken since May 2010,
and that these did not confirm torture. The Government described the offenses of which Mr.
Askarov was accused and denied that he had been subjected to torture, noting also that the
provincial prosecutor's office did not bring charges regarding alleged acts of torture and illtreatment against him. The Government reported that the municipal prosecutor's office
decided not to bring criminal proceedings regarding allegations of torture against Mr.
Gapirov, citing lack of evidence. It also reported that, of 122 applications for searching for
missing individuals, 89 individuals have been found and 33 investigations remain ongoing.
Nonetheless, the Government did not address allegations that a significant number of
defendants, in trials relating to inter-ethnic violence since June 2010, were subjected to
torture and ill-treatment to extract confessions or statements implicating co-defendants,
which were admitted as evidence in court. It did not address reports that judges failed to
order prompt and impartial investigations of allegations of torture. Similarly, the
Government did not present evidence to refute reports that between 27 August 2010 and 31
December 2010, 46 cases of torture and ill-treatment by law enforcement officers have
been documented, of which 43 involved ethnic Uzbeks. The Special Rapporteur
interviewed Mr. Askarov in prison in December 2011 and is persuaded that he was indeed
tortured at the time of his detention, the Government‟s response notwithstanding. In
addition, Mr Askarov has been sentenced to a life term on the basis, at least in part, of
evidence obtained under torture from the defendant and from others. In this sense, the
Special Rapporteur recalls that under paragraph 7(a) of Human Rights Council Resolution
16/23 of 12 April 2011, States are urged “[t]o take persistent, determined and effective
measures to have all allegations of torture or other cruel, inhuman or degrading treatment or
punishment investigated promptly, effectively and impartially by an independent,
competent domestic authority, as well as whenever there is reasonable ground to believe
that such an act has been committed.” The Special Rapporteur also reminds the
Government that article 12 of the Convention against Torture requires competent
authorities to undertake a prompt and impartial investigation wherever there are reasonable
grounds to believe that torture has been committed, and article 7 of the Convention against
Torture requires State parties to prosecute suspected perpetrators of torture. Based on the
information presented, the Special Rapporteur determines that the rights of the named
individuals under the Convention against Torture have been violated. The Special
Rapporteur urges the Government to immediately undertake prompt, impartial and effective
investigations of all allegations of torture, leading to prosecution and punishment of the
perpetrators, and to provide full redress to victims, including measures of non-repetition. In
addition, the Government must undertake a review of all judicial verdicts to ensure
compliance with the international standard that forbids the use against criminal defendants
of any evidence obtained under coercion.
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