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out in private; and consider transferring responsibility for oversight of medical staff
of detention facilities to the Ministry of Health; and
(d)
Ensure that investigations into allegations of torture are not undertaken
by or under the authority of the police, but by an independent body, that preliminary
enquiries into complaints of torture are undertaken and concluded promptly upon
receipt of the complaint, and that official investigations are opened in all cases where
there are reasonable grounds to believe that torture was committed; and ensure that
officials alleged to be responsible for violations of the Convention are suspended from
their duties during such investigations.
(7)
The Committee remains seriously concerned by the State party’s response to the
allegations of torture in individual cases brought to the attention of the Committee, and
particularly by the State party’s authorities’ refusal to carry out full investigations into
many allegations of torture on the grounds that preliminary enquiries revealed no basis for
opening a full investigation. The Committee is gravely concerned by the case of Azimjan
Askarov, an ethnic Uzbek human rights defender prosecuted on criminal charges in
connection with the death of a police officer in southern Kyrgyzstan in June 2010, which
has been raised by several Special Rapporteurs, including the Special Rapporteur on the
situation of human rights defenders (A/HRC/22/47/Add.4, para. 248; A/HRC/19/55/Add.2,
para. 212). Mr. Askarov has alleged that he was beaten severely by police on numerous
occasions immediately following his detention and throughout the course of the criminal
proceedings against him, and that he was subjected to repeated violations of procedural
safeguards such as prompt access to a lawyer and to an effective, independent medical
examination. The Committee notes that independent forensic medical examinations appear
to have substantiated Mr. Askarov’s allegations of torture in police custody, and have
confirmed resulting injuries including persistent visual loss, traumatic brain injury, and
spinal injury. Information before the Committee suggests that Mr. Askarov’s complaints of
torture have been raised on numerous occasions with the Prosecutor’s office, as well as
with the Kyrgyz Ombudsman’s office, and with Bazar-Korgon District Court, the Appeal
Court and the Supreme Court. To date, however, the State party’s authorities have declined
to open a full investigation into his claims, relying on allegedly coerced statements made by
Mr. Askarov while in police custody that he had no complaints. The Committee
understands that the State party is presently considering the possibility of further
investigating these claims. The Committee is concerned by the State party’s refusal to
undertake full investigations into allegations of torture regarding other cases raised during
the review, including those of Nargiza Turdieva and Dilmurat Khaidarov (arts. 2, 12, 13
and 16).
As a matter of urgency, the State party should: (a) undertake a full, effective and
independent investigation into the claims of torture made by Azimjan Askarov; (b)
ensure that Azimjan Askarov receives adequate medical care; and (c) review the
grounds for his continued detention in light of his allegations. The State party should
also ensure that torture claims made by Nargiza Turdieva and Dilmurat Khaidarov
are fully, impartially and effectively investigated.
(8)
The Committee remains concerned at the lack of full and effective investigations
into the numerous allegations that members of the law enforcement bodies committed
torture and ill-treatment, arbitrary detention and excessive use of force during and
following the inter-ethnic violence in southern Kyrgyzstan in June 2010. The Committee is
concerned by reports that investigations, prosecutions, condemnations and sanctions
imposed in relation to the June 2010 events were mostly directed against persons of Uzbek
origin, as noted by sources including the Committee on the Elimination of Racial
Discrimination, in 2013 (CERD/C/KGZ/CO/5-7, paras. 6–7). The Committee further
GE.14-12596
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