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 6

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