CAT/OP/KGZ/2
5.
Visibility and awareness
43.
The Subcommittee notes with satisfaction that most of the authorities it met with
have a general knowledge about the national preventive mechanism and its existence in
Kyrgyzstan. However, the mandate of the mechanism and its raison d’être have not yet
been fully grasped by the majority of the State authorities, including parliamentarians and
the judiciary. This highlights the lack of sufficient visibility of the mechanism and points
towards a lack of understanding of the role of the mechanism and the nature of its work,
which has a detrimental effect on its efficiency. There is little knowledge of the mechanism
and its mandate among other relevant stakeholders, including persons deprived of liberty,
civil society actors and the public in general. Such a lack of understanding can in turn lead
to unfounded expectations and therefore tarnish the mechanism’s credibility in the long run.
44.
Furthermore, the Subcommittee observed that the nature of the national preventive
mechanism as a separate institution from that of the Office of the Ombudsman could be
significantly improved. It was clear that persons deprived of liberty did not understand that
the mechanism was distinct from the Ombudsman. The Subcommittee is of the view that
this lack of visibility as a separate institution may have a detrimental effect on the
mechanism’s efficiency and credibility and, therefore, on the prevention of torture and illtreatment.
45.
The Subcommittee is also concerned about the confusion between the roles of the
national preventive mechanism and the institutions of the Ombudsman and the Prosecutor
General’s Office, particularly since both of the latter also have their own visiting mandates
to cover places of deprivation of liberty. The national preventive mechanism should be
clearly identified as such in all its meetings, written communications with the authorities
and visits to places of deprivation of liberty as the legal entity in charge of assisting
Kyrgyzstan in fulfilling its obligations under the Optional Protocol.12
46.
The Subcommittee recommends that the national preventive mechanism
enhance its institutional visibility through public-awareness campaigns and other
promotional activities with a broad spectrum of stakeholders, including preparing
material on its mandate and activities and distributing it in places of deprivation of
liberty, among relevant public authorities and among civil society, lawyers and
members of the judiciary. The objective is to ensure an identity for the mechanism
that is distinct from other visiting bodies and from civil society. The Subcommittee
also recommends that the mechanism take steps to make its mandate and work better
known and recognized as the key component in the country’s system for prevention of
torture and ill-treatment.
47.
In addition, the reports of the national preventive mechanism need to be better
publicized in order to encourage and assist the authorities in the implementation of its
recommendations. The mechanism should, whenever it is pertinent to its mandate,
make its recommendations public in order to raise awareness of the status of the
State’s advancement in fulfilling its obligations relating to torture prevention. Annual
and thematic reports of the mechanism can foster its identity and promote the image
and mandate of the mechanism among the public, and should therefore become public.
48.
The Subcommittee also recommends that the national preventive mechanism
meet with the relevant public authorities directly, in particular with the parliament, in
order to discuss the implementation of its recommendations, in accordance with
article 22 of the Optional Protocol. Finally, the mechanism should disseminate its
annual reports and make its findings public, including by transmitting them to the
Subcommittee, for the purposes set out in the Optional Protocol. Annual reports of
the mechanism must be sent to the parliament and published, independently from
whether they have been heard by the parliament, as the mechanism is entitled to use
its reports in ways it deems appropriate for the advancement of its mandate and in
particular the implementation of its recommendations.
12
Article 5 of the law on the national preventive mechanism.
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