A/69/44
The Committee urges the State party to:
(a)
Adopt legislation explicitly prohibiting the use of evidence obtained
through torture, in line with article 15 of the Convention, and ensure its
implementation;
(b)
Ensure that judges and prosecutors initiate investigations and take other
appropriate remedial measures ex officio whenever a criminal defendant or his or her
lawyer presents reasonable grounds to believe that a confession has been obtained
through torture or ill-treatment, and ensure that the perpetrators of such abuses are
prosecuted and, upon conviction, punished, including in the case of Farrukh
Gapiurov;
(c)
Ensure that the findings of independent forensic medical examinations of
criminal defendants who allege that they were tortured are considered admissible as
evidence in court proceedings and given evidentiary weight equivalent to that given to
the reports of State-employed medical professionals, where appropriate.
National human rights institution
(14) The Committee is concerned that the organization and the prerogatives of the Office
of the Ombudsman do not comply with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles), especially
concerning the tenure and selection process for the Ombudsman and lack of independence.
The Committee regrets that the Ombudsman (Akyikatchy) Act establishes that, if the
annual report is not approved, the Ombudsman may be removed from his or her post
(CAT/C/KGZ/2, para. 64). The Committee notes that the State party envisages adopting a
draft law to strengthen the Office of the Ombudsman (arts. 2, 11 and 13).
The State party should bring the Office of the Ombudsman into compliance with the
Paris Principles, inter alia by ensuring its independence and providing adequate
resources for its operation.
National preventive mechanism
(15) While welcoming the establishment of the National Centre of the Kyrgyz Republic
for the Prevention of Torture, the Committee remains concerned that it has not yet begun
activities as the country’s national preventive mechanism, mainly due to the inadequate
budget (art. 16).
The State should ensure that: (a) the National Centre for the Prevention of Torture
has the necessary financial, human and material resources to fulfil its mandate
independently and effectively; and (b) all persons involved in the administration of
places of detention are aware of the rights of members of the National Centre for the
Prevention of Torture.
Human rights defenders
(16) The Committee expresses serious concern at numerous reports of intimidation,
reprisals and threats against human rights defenders, journalists and lawyers, as well as at
the absence of information on investigations into such allegations (arts. 2, 12 and 16).
In particular, the Committee is concerned about:
(a)
Reports that human rights defenders have been arrested on criminal charges,
apparently in retaliation for their work: and trials in which numerous due process violations
have been reported, including regarding the aforementioned case of Azimjan Askarov;
(b)
The State party’s failure to prevent and punish physical attacks against
lawyers, perpetrated both inside and outside the courts, as seen in the violent attacks on
40
GE.14-12596
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