CAT/OP/KGZ/2
annual reports, irrespective of whether they have been heard by the parliament. For
instance, the mechanism could release its annual reports, noting that the report is due
to be heard by the parliament on a set date.
IV. Next steps
86.
The Subcommittee commends the national preventive mechanism for its will,
and its dedication to the goal of preventing torture and other cruel, inhuman or
degrading treatment or punishment. It also notes that the law on the mechanism is
rather solid, and recommends that the mechanism focus on its internal working
methods and practices, following the recommendations of the Subcommittee in the
present report.
87.
As indicated in the present report, it is of significant importance that the
national preventive mechanism ensure that its preventive mandate is well understood
both by staff of the mechanism and by members of the coordination council. This
entails identifying the dos and don’ts under the mandate of the mechanism, as well as
shortcomings and training needs in aspects such as strategic planning, methodology
and working methods, including a strategy in the areas of confidentiality and reprisals
and the protocols necessary for prompt implementation.
88.
The Subcommittee reiterates that the national preventive mechanism should
use the independence granted to it under the Optional Protocol and national
legislation. It is for the mechanism to lead the cause of prevention of torture in places
of deprivation of liberty and to assist Kyrgyzstan in fulfilling its obligations under the
Optional Protocol. 19 In this regard, the mechanism should not hesitate to publicly
advocate in support of its mandate where confronted with obstacles, and clarify
misunderstandings and misleading expectations among authorities when such
authorities are assessing the utility of having a national preventive mechanism in
Kyrgyzstan.
89.
The Subcommittee also recommends that the national preventive mechanism
increase its international cooperation with other such mechanisms in order to
reinforce its capacities, share information and practices and develop its working
methods so as to improve its ability to discharge adequately its responsibilities under
the Optional Protocol.
90.
The Subcommittee regards its visit and the present report as the continuation
of a constructive dialogue with the national preventive mechanism of Kyrgyzstan. It
notes that the Office of the United Nations High Commissioner for Human Rights
stands ready to provide technical assistance and advice to the mechanism to reinforce
its capacity to prevent torture and ill-treatment in all places of deprivation of liberty
in the State party and to make the common goal of prevention a reality.
91.
The Subcommittee recalls that prevention of torture constitutes an ongoing and
wide-ranging obligation of the State party, the likelihood of whose achievement is
greatly enhanced by an efficient national preventive mechanism. The Subcommittee
encourages the national prevention mechanism to review and strengthen its working
methods and to ensure that members avail themselves of training courses to improve
their ability to discharge the mechanism’s responsibilities under the Optional Protocol,
including through assistance from the Office of the United Nations High
Commissioner for Human Rights in following up on the recommendations in the
present report.
92.
The Subcommittee also encourages the national preventive mechanism to
transmit its annual reports to the Subcommittee, and reaffirms its readiness to help in
achieving the shared aims of preventing torture and ill-treatment and ensuring that
commitments are translated into action.
19
Articles 5 and 6 of the law on the national preventive mechanism.
15
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