CEDAW/C/77/D/133/2018 Advance unedited version
5.1 On 13 August 2019, the author presented comments on the State party ’s
observations.
5.2 The author refers to two reports, published in 2013 and 2014, by the Kyrgyz
National Center on Prevention of Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, and a report of a project of the Organization for Security
and Cooperation in Europe (OSCE) Centre on the prevention of torture in
Kyrgyzstan, which concluded that the living and sanitary conditions in the
Jalalabad, Tash-Komur, Maili-Say, Nooken, Bazar-Korgon and Batken temporary
isolation wards did not meet national standards. T he annual reports of the National
Center for 2014, 2015, 2016, 2017 and 2018 6 also stated that the conditions in the
temporary isolation wards in the country did not meet national and international
standards.
5.3 The author submits that only once was she searched by two women, who were
not staff of the temporary isolation ward in Nooken. In all other temporary isolation
wards the staff is composed only of men, so the author was subjected many times
to personal searches conducted by the male staff.
5.4 On 5 June 2015, the author filed a complaint to the Office of the Prosecutor
of Jalalabad with a request to conduct a verification of the living conditions in the
temporary isolation ward. In August 2015, she received a response from the
Internal Affairs Department of the Jalalabad region that the living conditions did
not meet the standards since the building was very old; however, the necessary
funding for renovation had not been allocated. Nevertheless, some initiatives by
OCSE and the local non-governmental organizations were directed to the
improvement of the living conditions in the detention facilities.
5.5 The author reiterates that she has exhausted all available domestic remedies;
however, domestic legislation and practice does not allow for the possi bility of
bringing these kinds of complaints to court. This results in the violation of her right
to effective domestic remedy.
5.6 The author submitted a copy of a third-party intervention by the World
Organization against Torture and asked the Committee to take that into account.
She noted that the third-party intervention listed a number of human rights
standards regarding women in detention, in particular the requirement that women
detainees must be supervised by women staff, the right to privacy in the context of
body searches and surveillance and the right to adequate health care. These
standards are set out in the revised United Nations Standard Minimum Rules for
the Treatment of Prisoners adopted by the General Assembly in 2015 and
supplemented by the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules), adopted
by the Assembly in 2010.
Issues and proceedings before the Committee
Consideration of admissibility
6.1 In accordance with rule 64 of its rules of procedure, the Committee must
decide whether the communication is admissible under the Optional Protocol.
Pursuant to rule 66, the Committee may examine the admissibility of the
communication separately from the merits.
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The reports were submitted to the Committee.