CAT/C/KGZ/CO/2
(b)
Protect victims of domestic violence, including by establishing
appropriate shelters across the country; and
(c)
Step up its awareness-raising campaigns to sensitize the population to
these problems.
Ill-treatment and torture based on sexual orientation and gender
19.
The Committee is concerned at (a) reports of police harassment, arbitrary arrest, illtreatment and torture, including through sexual violence, perpetrated against persons on the
basis of their sexual orientation or gender identity, including lesbian, gay, bisexual and
transgender (LGBT) persons; and (b) the authorities’ more general failure to investigate
allegations of sexual violence by officials, to punish perpetrators of such violence and to
provide effective remedies to victims, as in the case of Ms. Zulhumor Tohtonazarova.
Furthermore, it is concerned at the little progress in investigating reports of rape and sexual
violence during and after the June 2010 violence (arts. 2, 11 and 16).
The State party should ensure prompt, impartial, and thorough investigations of all
allegations of ill-treatment and torture committed by police and detention officials
against LGBT persons or others on the basis of their sexual orientation or gender
identity, and prosecute and, upon conviction, punish perpetrators with appropriate
penalties.
Conditions of detention
20.
While noting some minor improvements in certain detention facilities, both with
assistance from international organizations and through the Government’s own
programmes, the Committee is concerned at the prevalence of extremely harsh living
conditions in places of deprivation of liberty, including prison overcrowding, insufficient
food and drinking water, lack of ventilation, lack of hygiene, the prevalence of tuberculosis,
and poor health care. It is also concerned at the deplorable conditions of inmates sentenced
to life imprisonment (A/HRC/19/61/Add.2, para. 69) (arts. 11 and 16).
The State party should intensify efforts to improve the conditions of detention in
places of deprivation of liberty, including detention facilities for inmates serving life
terms, bringing them into line with international standards, inter alia the Standard
Minimum Rules for the Treatment of Prisoners (Economic and Social Council
resolutions 663C (XXIV) and 2076 (LXII)).
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
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