Advance unedited version CEDAW/C/77/D/133/2018
6.2 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee
is satisfied that the same matter has not been and is not being examined under
another procedure of international investigation or settlement.
6.3 With regard to article 4 (1) of the Optional Protocol, the Committee notes the
author’s assertion that she has exhausted all available and effective domestic
remedies, by bringing the conditions of the detention before the Supreme Court on
two different grounds, and that this was not contested by the State party.
Accordingly, the Committee considers that it is not precluded under article 4 (1) of
the Convention from examining the present communication.
6.4 The Committee declares the communication admissible, as far as it raises
issues under articles 2 (a), (b), (d), (e) and (f), 3 and 5 (a), of the Convention, read
in conjunction with article 1, and proceeds with its consideration of the merits.
Consideration of the merits
7.1 The Committee has considered the present communication i n the light of all
the information made available to it by the author and by the State party, in
accordance with article 7 (1) of the Optional Protocol.
7.2 The Committee takes note of the author’s claim that her detention: (a) in the
Maili-Say temporary isolation ward between 2 February 2013 and 16 January 2014,
19 February and 25 June 2014, 9 October and 25 December 2014 and 17 February
and 23 April 2015; (b) in the Jalalabad temporary isolation ward between 26 June
and 23 July 2014, 27 December 2014 and 17 February 2015 and 23 April and 28
August 2015; (c) in the Tash-Komur temporary isolation ward between 24 July and
8 August 2014; (d) in the Nooken temporary isolation ward between 9 October and
5 December 2014 and 17 February and 5 March 2015; and (e) in the Bazar-Korgon
temporary isolation ward between 25 and 27 December 2014, in poor, unhygienic
and degrading conditions, in isolation wards staffed exclusively by men where she
was exposed to humiliating treatment, constitutes inhuman and degrading
treatment and discrimination on the basis of her sex, within the meaning of article
1 of the Convention, and constitutes a violation by Kyrgyzstan of its obligations
under articles 2 (a), (b), (d), (e) and (f), 3 and 5 (a), read in conjunction with article
1 of the Convention.
7.3 The Committee observes that the State party has not provided any
clarifications on the substance of these allegations, but limited itself to a general
description of the detention premises (e.g., the size of the cells, the existing
equipment, furniture), including reference to single examples such as the
conditions of the Maili-Say temporary isolation ward or one episode where the
author was searched by women staff. In the view of the Committee, although this
description may be of relevance, it does not necessarily address the substance of
the author’s claims, for instance, that the toilet facilities did not exist or were open
to the extent that most of the author’s body would be visible to male guards when
using the toilets. Furthermore, the State party did not comment in any way on the
author’s allegations that staff working in the detention facility were exclusively
male and that, as a result, she was subjected to gender-based discrimination, apart
from a single episode in the Nooken facility.
7.4 In accordance with article 3 of the Convention and rule 53 of the United
Nations Standard Minimum Rules for the Treatment of Prisoners, the Committee
recalls that women prisoners shall be attended and supervised by women officers.
It further recalls its general recommendation No. 35 updating general
recommendation No 19, according to which discrimination against women within
the meaning of article 1 encompasses gender-based violence, defining it in
paragraph 6 as “violence that is directed against a woman because she is a woman
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