CAT/C/TKM/CO/1
(b)
Information suggesting that serious conflicts of interest prevent the existing
complaints mechanisms from undertaking effective, impartial investigations into
complaints received;
(c)
Reports indicating that no official has been prosecuted for having committed
torture and that, over the last 10 years, only four law enforcement officers have been
charged with the less serious offence of “exceeding the limits of authorities” under article
182, paragraph 2, of the Criminal Code;
(d)
The lack of detailed information, including statistics, on the number of
complaints of torture and ill-treatment made to all existing complaints mechanisms,
including the National Institute for Democracy and Human Rights and the State
Commission to Review Citizens’ Complaints on the Activities of Law Enforcement
Agencies, and the results of those investigations, whether proceedings were initiated at the
penal and/or disciplinary levels, and their outcomes. In this regard, the Committee
expresses particular concern regarding the case of Bazargeldy and Aydyemal Berdyev, in
which the State party has denied the authenticity of a response that the Berdyevs allege to
have received from the National Institute in 2009 regarding a claim of torture they had
previously submitted.
The Committee urges the State party:
(a)
To establish an independent and effective mechanism:
(i)
To facilitate the submission of complaints by victims of torture and
ill-treatment to public authorities, including by obtaining medical evidence in
support of their allegations, and to ensure in practice that complainants are
protected against any ill-treatment or intimidation as a consequence of their
complaint or any evidence given;
(ii)
To undertake prompt, thorough and impartial investigations into
allegations of torture or ill-treatment by police and other public officials who
carried out, ordered or acquiesced in such practices and to punish offenders;
(b)
To ensure that such investigations not be undertaken by or under the
authority of the police, but by an independent body, and that all officials alleged to be
responsible for violations of the Convention be suspended from their duties during
those investigations;
(c)
To provide information on the number of complaints filed against public
officials on torture and ill-treatment, as well as information on the results of those
investigations and any proceedings undertaken, at both the penal and disciplinary
levels. Statistical information, disaggregated by sex, age and ethnicity of the individual
bringing the complaints, should be provided and should describe each relevant
allegation and indicate the authority that undertook the subsequent investigation.
This information should include specific information regarding the claim of torture in
detention submitted to the National Institute by Bazargeldy and Aydyemal Berdyev,
including any steps taken to investigate their claims, the body that undertook the
investigation, and the outcome of that investigation.
National human rights institution
12.
While noting the State party’s response to the recommendation to establish an
independent national human rights institute made in the course of the universal periodic
review (A/HRC/10/79), the Committee is concerned that no such institute has been
established in accordance with the principles relating to the status of national institutions
for the promotion and protection of human rights (the Paris Principles). The Committee
regrets that the existing national protection mechanisms within the Office of the President,
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