A/HRC/19/61/Add.2
Rights; the development of a national development strategy for the penitentiary system
(“UMUT-2”) for the period 2011-2015; and three subsequent instructions issued by the
Prosecutor General, in April, September and October 2011, on the prohibition of torture
and the strengthening of prosecutorial control and oversight of prosecutorial negligence in
cases of torture and ill-treatment.
35.
The Special Rapporteur learned that, pursuant to Presidential Decree No. 41, various
public advisory councils were established within the Ministry of the Interior and Prosecutor
General’s office in Bishkek, Osh and Djalal-Abad, entrusted with monitoring places of
detention. In addition, public monitoring councils, which comprise representatives from
civil society, were created under the Ministry of the Interior, the State Service for the
Execution of Punishments and the State Committee of National Security to monitor
detention facilities and other closed institutions. Furthermore, a draft law on the police
force and the prospect of reforming the Ministry of the Interior are both under discussion.
The draft bill on the national centre for the prevention of torture has been finalized and is to
be submitted to Parliament for discussion early in 2012. It is also encouraging that, since
May 2011, three memorandums of understanding have been signed by prosecutors and civil
society organizations – for Djalal-Abad province, for Osh City and for Osh province –
providing for public councils to identify solutions and building confidence in the
prosecutorial authorities. The first initiative of the public councils was the installation of
closed-circuit cameras in some temporary detention facilities in Djalal-Abad province.
36.
In addition, in 2010 and 2011, several monitoring initiatives were undertaken by
various public advisory councils and the Parliamentary Committee to examine the
conditions in temporary and pretrial detention facilities. The purpose of the monitoring
visits was to, inter alia, propose budgetary allocations for the maintenance of the facilities.
Of particular interest to the Special Rapporteur were the findings of the project on torture
prevention in temporary detention facilities under the Ministry of Internal Affairs, initiated
by the OSCE Centre in Bishkek, the Ombudsman and a group of civil society
organizations.
A.
Practice of torture and ill-treatment
37.
The Special Rapporteur received numerous accounts and eyewitness testimonies
suggesting that torture and ill-treatment had been historically pervasive in the law
enforcement sector. This practice has been intensified by the turbulence of the past two
years with the ousting of President Bakiev in April 2010, followed by the violence that took
place in the South in June 2010.6 During the violence in June 2010 and its aftermath, reports
consistently highlighted the frequency and gravity of arbitrary detention, torture and illtreatment by law enforcement bodies.
38.
Throughout the mission, testimonies of victims and their lawyers pointed to general
patterns of torture and ill-treatment committed by police officers after arrest and during the
first hours of informal interrogation. During interviews with victims, the Special
Rapporteur heard multiple allegations of torture that shared the same pattern: asphyxiation
with plastic bags and gas masks with no flow of oxygen; punches and beatings with
truncheons; the application of electric shock and the introduction of foreign objects into the
anus, or the threat of rape. Police stations, temporary detention facilities, the premises of
criminal police departments of the Ministry of the Interior and the pretrial detention facility
of the State Committee of National Security were the locations most often cited as where
6
10
Long-standing ethnic tensions in the south of the country escalated in 2010. The main outbreak of
violence began in Osh in June and later spread to Djalal-Abad, resulting in several hundred deaths
and more than 1,000 people injured (Prosecutor General’s Office).