CERD/C/KGZ/CO/5-7
violation of the right to a fair trial. While noting information provided by the State party,
the Committee remains concerned at the case of Askharov, a human rights defender, who
was condemned to life sentence following a trial during which he did not benefit from all
necessary legal guarantees for a fair trial (art. 2, 5 and 6).
In line with its general recommendation No. 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system,
the Committee recommends that the State party in the context of the reform of its
judicial system:
(a)
Initiate or set up a mechanism to review all cases of persons condemned
in connection with the June 2010 events, from the point of view of respecting all
necessary guarantees for a fair trial;
(b)
Investigate, prosecute and condemn, as appropriate, all persons
responsible for human rights violations during the June 2010 events, irrespective of
their ethnic origin and their status;
(c)
Provide compensation to those who were victims of miscarriage of
justice, regardless of their ethnic origin;
(d)
Pursue the reform of the judicial system and the security and police
forces, having in mind the necessity to ensure the reconciliation between different
ethnic groups and to build trust of the population in the judicial system;
(e)
Review the case of Askharov, respecting all requirements for a fair trial
and avoid any threats against human rights defenders, irrespective of their ethnic
origin.
7.
While noting information provided by the State party, the Committee remains
concerned at reports that a great number of persons, mostly from minority groups, in
particular Uzbeks, have been detained and have been subjected to torture and other forms of
ill-treatment on the basis of their ethnicity following the June 2010 events. The Committee
is also concerned at information that women from minority groups were victims of acts of
violence, including rape, during, and in the aftermath of the June 2010 events. The
Committee is particularly concerned that all such acts have not yet been investigated and
those responsible have not been prosecuted and punished (arts. 5 and 6).
In line with its general recommendation No. 31 (2005), the Committee recommends
that the State party, without any distinction based on the ethnic origin of the victims,
take appropriate measures to:
(a)
Register and document all cases of torture, ill-treatment and violence
against women from minority groups, including rape;
(b)
(c)
forces;
(d)
(e)
future.
Conduct prompt, thorough and impartial investigations;
Prosecute and punish those responsible, including police or security
Provide reparation to victims;
Take all necessary measures to prevent the occurrence of such acts in the
With regard to violence against women from minority groups, the Committee,
recalling its general recommendation No. 25 (2000) on gender-related dimensions of
racial discrimination, recommends that the State party adopt and implement without
further delay, the National Action Plan to combat violence against women to which its
delegation referred during its dialogue with the Committee.
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