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Kyrgyzstan

Professor Méndez visited the Kyrgyz Republic from December 5-13, 2011, at the invitation of the Government. During the visit, Professor Mendez toured detention facilities and met with government officials, civil society representatives, and victims. His findings and recommendations were published in the Country Visit Report on February 21, 2012, and presented at the 19th Session of the Human Rights Council on March 5, 2012. From May 18-21, 2012 Professor Mendez returned to Kyrgyzstan for a short follow up visit, with the objective of examining the steps taken by the Kyrgyz Government to implement the recommendations that he made during his 2011 visit.

 

FIELDWORK & ASSESSMENTs

During his December 2011 visit to Kyrgyzstan, Professor was encouraged by the concrete steps that the Government had taken to curb torture, although he remained concerned that there was a significant shortfall in legislation and law enforcement practices.  The lack of effective legislative safeguards against torture and ill-treatment and the insignificant sanction provided for the crime of torture inevitably create an environment conducive to impunity.   

On the basis of the information provided during meetings held with decision-makers, victims, and representatives, the Special Rapporteur concluded that the use of torture and ill-treatment to extract confessions remained widespread.  There was also a serious lack of sufficiently speedy, thorough and impartial investigation of torture and ill-treatment. The general conditions in most places of detention visited amounted to inhuman and degrading treatment.

The former Special Rapporteur recommended that the Government of Kyrgyzstan expedite legislative reforms to ensure the absolute prohibition of torture and establish effective safeguards against torture and ill-treatment in law and practice; initiate prompt, impartial and thorough investigations into allegations of torture and ill-treatment; and prosecute when warranted, without delay. He urged the Government to establish an effective national preventive mechanism in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and equip it with the necessary financial and human resources. He also recommended that the Government allocate sufficient budgetary resources to improve detention centre conditions.

During his May 2012 short follow up visit, Professor Mendez participated in a roundtable discussion with government officials, representatives of local and international civil society organizations, and members of the UN Sub-Committee on the Prevention of Torture.  The participants at the roundtable approved an “Action Plan for the Implementation of the Recommendations,” and examined the necessary legislative and institutional reforms that needed to take place in order to implement the Special Rapporteur’s recommendations.  Since this visit, the Kyrgyz Government and civil society have taken steps to implement the recommendations by signing a Multilateral Memorandum of Understanding on June 15, 2012, aimed at boosting cooperation between state bodies, human rights organizations, and the international community in torture prevention.

CAPACITY BUILDING & PARTNERSHIPS

May 21, 2012:Roundtable in Bishkek, “Implementation of the Recommendations of the UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment and Punishment, Following His Mission on 5-13 December 2011, and of other Human Rights Mechanisms for the Prevention and Combatting of Torture.”

Co-organizers included: Ministry of Foreign Affairs of the Kyrgyz Republic, Regional Office of the United Nations High Commission for Human Rights for Central Asia under the Civil Monitoring for Human Rights Protection and Conflict Prevention Project funded by the European Union, Association for the Prevention of Torture, Geneva, PF “Golos Svobody”, Open Society Justice Initiative, Penal Reform International office in Central Asia under the project "Strengthening institutions and capacity building of civil society for the prevention of torture in 9 countries of CIS", UNODC Program Office in Kyrgyz Republic within framework of  EU and UNODC project “Support to Prison Reform in the Kyrgyz Republic”, PF “Independent Human Rights Group.”

RESOURCES

Report of the Special Rapporteur on Torture and other cruel, inhuman, or degrading treatment or punishment, Juan Méndez: Mission to Kyrgyzstan (February 21, 2012).