(a)
The absence of a definition of torture as provided in article 1 of the Convention in the penal
legislation currently in force in the State party, with the result that the specific offence of torture is not
punishable by appropriate penalties as required by article 4, paragraph 2 of the Convention;
(b)
Numerous and continuing reports of allegations of torture and other cruel, inhuman and
degrading treatment and punishment committed by law enforcement personnel;
(c)
The apparent failure to provide prompt, impartial and full investigation into numerous
allegations of torture that were reported to the Committee, as well as the failure to prosecute, where appropriate,
the alleged perpetrators;
(d)
The absence of guarantees for independence of the legal profession, particularly members of
judiciary, who are appointed for a limited renewable term;
69.
(e)
The use of amnesty laws that might extend to the crime of torture.
5.
Recommendations
The Committee recommends that:
(a)
The State party fulfil its intention to establish adequate penal provisions to make torture as
defined in article 1 of the Convention a punishable offence in accordance with article 4, paragraph 2, of the
Convention;
(b)
In view of the numerous allegations of torture and ill-treatment by law enforcement personnel,
the State party take all necessary effective steps to prevent the crime of torture and other acts of cruel, inhuman
or degrading treatment or punishment;
(c)
In order to ensure that perpetrators of torture do not enjoy impunity, the State party ensure the
investigation and, where appropriate, the prosecution of those accused of having committed the crime of
torture, and ensure that amnesty laws exclude torture from their reach;
(d)
The State party consider repealing laws which may undermine the independence of the
judiciary, such as the provisions relating to renewable term appointments;
(e)
The State party consider making the declarations under articles 21 and 22 of the Convention.
F. Kyrgyzstan
70.
The Committee considered the initial report of Kyrgyztan (CAT/C/42/Add.1) at its 403rd, 406th and
408th meetings on 16, 17 and 18 November 1999 (CAT/C/SR.403, 406 and 408), and adopted the following
conclusions and recommendations.
1.
Introduction
71.
The Committee welcomes the initial report of Kyrgyztan, which was submitted in a timely fashion and
is generally in conformity with the Committee's guidelines for the preparation of initial reports. The Committee
also welcomes the open dialogue between the highly qualified representatives of the State party and itself.
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