Kyrgyzstan: Systematic obstacles to address torture

The alternative report to the List of Issues Prior to Reporting highlights several critical concerns regarding the prevention of torture and the protection of human rights in Kyrgyzstan.

The report underscores the incomplete definition of the perpetrator of torture, which allows many potential torturers to evade responsibility and permits the pardoning of individuals convicted of torture.

Another critical issue the report raises is the inadequate state support and resources allocated to the National Center for the Prevention of Torture (NCPT). The need for additional staff and effective investigations into obstruction or interference with the Center's work is essential for the institution to fulfil its mandate without hindrance. The Committee had previously recommended that Kyrgyzstan reinstate a provision in the Criminal Code to establish criminal liability for obstructing the NCPT. However, this recommendation remains unimplemented, and obstruction persists, notably denying access to groups conducting preventive visits to closed institutions.

Fundamental legal safeguards are also addressed, with the report underscoring the importance of detainees having immediate access to a lawyer or free legal assistance if needed and access to medical examinations by a qualified professional upon arrival at a place of detention.

The duration of pretrial detention and the conditions within detention facilities are also significant issues raised in the report. It calls for adequate conditions in places of deprivation of liberty and sufficient representation of female staff in facilities where women are detained. Although criminal procedural legislation defines detention as a measure of last resort, the report reveals that, in practice, nine out of ten motions for restraint measures result in the court deciding to detain the accused.

Investigations into acts of torture and ill-treatment are critiqued in the report for their lack of thoroughness. It also highlights the need for rehabilitation, compensation, and restitution for victims of torture. The situation of human rights defenders and journalists is another significant focus, with the report detailing the challenges and risks they face.

Additionally, it addresses the non-recognition of the Committee's competencies under articles 21 and 22 of the Convention and the importance of implementing decisions of UN treaty bodies concerning individual communications.

The full text of the report is available here.