CCPR/C/KGZ/CO/2
Independence of the judiciary
18.
While welcoming efforts aimed at strengthening the judiciary, the Committee is
concerned about the lack of full independence of the judiciary, including in the process of
the selection and dismissal of judges; potential influence of the executive power on the
Council for the Selection of Judges and reports of corruption in the judiciary (art. 14).
The State party should pursue judicial reforms to ensure a fully independent and
impartial judiciary, including the establishment of objective and transparent criteria
for the selection and dismissal of judges in accordance with international standards,
notably the Basic Principles on the Independence of the Judiciary (1985).
Elders’ court
19.
The Committee remains concerned that the functioning of the Elders’ (aksakals)
courts may jeopardize the right to fair trial, in particular due to the fact that decisions are
taken by persons who do not have legal knowledge, on the basis of cultural and moral
norms, and that decisions in family matters may adversely affect women (arts. 2, 3 and 14).
The State party should ensure that the Elders’ courts function in full compliance with
provisions of the Covenant, in particular the safeguard of fair trial guarantees and
non-discrimination, and that their members are provided with training on the rights
protected under the Covenant.
Military courts
20.
The Committee is concerned that military courts continue to exercise jurisdiction in
criminal cases where military personnel and civilians are jointly accused (art. 14).
The State party should without further delay remove the power to exercise
jurisdiction over civilians from military courts.
Corporal punishment
21.
While noting that violence against children and corporal punishment is legally
prohibited in schools and some institutional settings, the Committee remains concerned that
corporal punishment continues, especially in the home, where it is traditionally accepted
and practised as a form of discipline by parents and guardians (arts. 7 and 24).
The State party should take practical steps, including through legislative measures,
where appropriate, to put an end to corporal punishment in all settings. It should
encourage non-violent forms of discipline as alternatives to corporal punishment, and
should conduct public information campaigns to raise awareness about its harmful
effects.
Freedom of conscience and religious belief
22.
While noting the planned amendments to the 2008 Law on Freedom of Conscience
and Religious Organizations in the Kyrgyz Republic, the Committee is concerned about the
restrictions in the current law that are incompatible with provisions of the Covenant,
including with respect to missionary activities, the registration procedure and dissemination
of religious literature. The Committee is also concerned about reports of religious
intolerance with respect to converts from the majority religion, including incidents of hate
speech (arts. 18, 19, 26 and 27).
The State party should ensure that the legislative amendments to the 2008 Law on
Freedom of Conscience and Religious Organizations in the Kyrgyz Republic remove
all restrictions that are incompatible with article 18 of the Covenant, by providing for
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