House Project on Strengthening Human Rights in Kyrgyzstan, supported by the United States
Agency for International Development (USAID).
The report is meant for public institutions, non-governmental organizations, human rights defenders
and other individuals who are interested in the respect for human rights and fundamental freedoms
and conditions in temporary detention facilities and reception centres under the Ministry of Interior
(MoI) and pre-trial and remand places of detention under the jurisdiction of the State Service for the
Execution of Punishments (SSEP) under the Government of the Kyrgyz Republic.
The report contains recommendations aimed at ensuring the respect for human rights and
fundamental freedoms of those held in closed institutions as set out in international law and national
legislation of the Kyrgyz Republic, including the right to freedom from torture and ill treatment.
The Kyrgyz Republic acceded to the International Covenant on Civil and Political Rights (ICCPR)
in 1994, having thereby expressed its agreement and readiness to be bound by ICCPR provisions.
After joining the Optional Protocol to the ICCPR in 1994, the Kyrgyz Republic recognized the
competence of the UN Human Rights Committee to consider individual complaints from persons
under its jurisdiction. As of today, the UN Human Rights Committee has passed 14 decisions with
respect to the Kyrgyz Republic in which it recognized violations of various rights enshrined in the
ICCPR, including on six cases related to nine individuals regarding violations of Article 7 of the
ICCPR establishing a prohibition on torture and cruel treatment12.
According to Article 41(2) of the Constitution of the Kyrgyz Republic, in case international human
rights bodies recognize human rights violations, the Kyrgyz Republic should take measures to
redress them and/or to provide compensation for the damage caused. Although the first decision
was passed more than five years ago, no measures to enforce the UN Human Rights Committee’s
judgment, namely to provide effective remedies and compensation, have been taken by the Kyrgyz
Republic. This is explained by a lack of any effective mechanisms for implementing decisions
passed by international bodies. A recommendation to create such a mechanism was voiced
following the 2011 monitoring, and it remains relevant today.
The first part of the report presents a brief overview of how recommendations submitted to the
Parliament, Government and relevant state authorities have been implemented following the
publication of the 2011 monitoring report. At the same time, on the basis of generalized data
received in the course of project implementation some new recommendations have been included.
The second part of the report contains a description of project methodology, including general
information about project goals and objectives, as well as its major components and activities
carried out in the course of the project. Also, this section elaborates upon issues related to access to
closed institutions by monitoring groups, and conditions of monitoring visits.
The third section of the report contains a description of monitoring results as regards the right to
freedom from torture and ill treatment in TDFs and reception centres of internal affairs bodies and
PDFs under the SSEP, including statistical data, also in the form of tables and diagrams, and the
status of implementation of existing legislation. This section also includes cases extracted from
monitoring reports from specific visits.
Activities by the project team concerning documentation of individual cases of torture and ill
treatment disclosed during the monitoring visits and provision of free legal aid to victims of torture
12
Article 7 of the ICCPR: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.”
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