A/69/44
Violence against children
(21) Although corporal punishment of children is unlawful in schools, the penal system
and certain care settings, the Committee is concerned at allegations that a high number of
children experience violence, abuse or neglect in the family and some care settings (art. 16).
The State party should explicitly prohibit corporal punishment of children in all
settings, including at home and in institutions and alternative care settings, and ensure
awareness-raising and public education measures.
Redress, including compensation and rehabilitation
(22) While noting that victims’ rights to rehabilitation and compensation are guaranteed
in domestic legislation (CAT/C/KGZ/2, paras. 219 et al.), the Committee is concerned at
the State party’s failure to provide redress, including compensation and rehabilitation, to
victims of torture and ill-treatment. The Committee regrets: (a) article 417 of the Criminal
Procedure Code which hampers victim’s rights to redress from a civil court until a criminal
court has convicted the perpetrators; (b) the State party’s failure to implement the Views of
the Human Rights Committee on several cases relating to torture and ill-treatment, despite
article 41(2) of the Constitution which requires a remedy upon the finding by an
international body of a violation; and (c) the lack of State-supported specialized
rehabilitation services for torture victims, with the result that all available rehabilitation in
the State party is provided by a non-governmental organization dependent on outside
funding (art. 14).
Noting the Committee’s general comment No. 3 (2012) on implementation of article 14
by States parties, the State party should ensure de jure and de facto access to timely
and effective redress for all victims of torture and ill-treatment, by:
(a)
Adopting and implementing legislation and policies explicitly providing
for the right to remedy and reparation for victims of torture and ill-treatment;
(b)
Ensuring that effective rehabilitation services and programmes are
established in the State that are accessible to all victims without discrimination, and
are not dependent upon the victim pursuing judicial remedies;
(c)
Taking necessary measures to protect the safety and personal integrity of
victims and their families seeking compensation or rehabilitation services;
(d)
Complying with the Views of the Human Rights Committee relating to
rights to remedy for torture victims.
Refugees and asylum seekers
(23) While noting positive steps, including the amendment of the Refugees Act in 2012,
the Committee expresses its concern at reports that several refugees and asylum seekers
from a neighbouring country were forcibly or secretly returned and that refugees continue
to be at risk of refoulement, or of abduction by security services of the neighbouring
country, sometimes in cooperation with Kyrgyz counterparts. The Human Rights
Committee found that the extradition by Kyrgyzstan of four Uzbeks, recognized as refugees
by the United Nations High Commissioner for Refugees, to Uzbekistan, breached their
right to freedom from torture (communication Nos. 1461/2006, 1462/2006, 1476/2006 and
1477/2006). Moreover, the Committee shares the concern raised by the Committee on the
Elimination of Racial Discrimination that a discriminatory approach to registration
procedures and recognition of refugee status for foreign Uighurs and Uzbeks places them at
risk of police harassment and refoulement (CERD/C/KGZ/CO/5-7, para. 17) (art. 3).
The State party should take all necessary measures to ensure the principle of nonrefoulement, inter alia by bringing its current procedures and practices into line with
GE.14-12596
43
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