A/69/44
Tatyana Tomina as reported by the Special Rapporteur on the situation of human rights
defenders (A/HRC/19/55/Add.2, para. 211). Ms. Tomina was reportedly beaten again on 2
April 2013, along with another lawyer, Ulugbek Usmanov, inside the Supreme Court;
(c)
Several troubling legislative proposals currently under consideration by
Parliament, including a draft law that would provide the authorities with wide discretion to
interfere with the internal affairs of national and international non-governmental
organizations, and to suspend or liquidate their activities on vague administrative grounds;
as well as a draft law that would modify the definition of the crime of treason in a way that
could chill civil society provision of information on human rights conditions to
international bodies.
In line with the commitment made by the State party in the context of the universal
periodic review (A/HRC/15/2, paras. 76.57 and 76.74), the State party should take all
necessary steps to:
(a)
Ensure that human rights defenders and independent lawyers are
protected from intimidation or violence as a result of their activities;
(b)
Ensure the prompt, impartial and thorough investigation of all
allegations of harassment, torture or ill-treatment of human rights defenders,
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
GE.14-12596
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents