CCPR/C/KGZ/CO/2
were not fully addressed by the State party and may continue to persist (art. 2, 7, 9, 14, 26
and 27).
The State party should take effective measures to ensure that all alleged human rights
violations related to the 2010 ethnic conflict are fully and impartially investigated,
that those responsible are prosecuted, and that victims are compensated without any
discrimination based on ethnicity. The State party should urgently strengthen its
efforts to address the root causes of obstacles to the peaceful coexistence between
different ethnic groups on its territory and to promote ethnic tolerance and mutual
trust.
Torture and ill-treatment
15.
While welcoming legislative and administrative measures aimed at the prevention
and eradication of torture, including amendments to the Criminal Code, the Committee
remains concerned about the ongoing and widespread practice of torture and ill-treatment
of persons deprived of their liberty for the purpose of extracting confessions, particularly in
police custody; the number of deaths in custody and the fact that none of the cases reported
to the Committee led to any conviction; the State party’s failure to conduct prompt,
impartial and full investigation of deaths in custody; and the lack of prosecution and
punishment of perpetrators of torture and ill-treatment and compensation of victims. The
Committee also remains concerned about allegations of torture and miscarriages of justice
in the case of Azimjan Askharov (arts. 6, 7 and 10).
The State party should urgently strengthen its efforts to take measures to prevent acts
of torture and ill-treatment and ensure prompt and impartial investigation of
complaints of torture or ill-treatment, including the case of Azimjan Askarov; initiate
criminal proceedings against perpetrators; impose appropriate sentences on those
convicted and provide compensation for victims. The State party should take
measures to ensure that no evidence obtained through torture is allowed to be used in
court. The State party should also expedite operationalization of the National Centre
for the Prevention of Torture through providing the necessary resources to enable it
to fulfil its mandate independently and effectively.
Liberty and security of person
16.
The Committee is concerned about the lack of implementation of basic safeguards to
all persons deprived of their liberty, including failure to register all detainees immediately
upon apprehension; the lack of access to a lawyer of their choice; the lack of a medical
examination immediately after their apprehension and the lack of access to medical
assistance (arts. 9 and 14).
The State party should ensure registration of all detainees immediately following their
apprehension in the central register, a medical examination and access to a lawyer of
their choice as well as access to medical assistance.
Conditions of detention
17.
The Committee is concerned about extremely harsh conditions in places of
deprivation of liberty, including overcrowding, lack of hygiene and insufficient food and
drinking water (art. 10).
The State party should strengthen its efforts to improve conditions of detention to
bring them into line with the provisions of article 10 of the Covenant.
5