CRC/C/KGZ/CO/3-4
Name and nationality
26.
The Committee notes the amendments to the Citizenship Act on 17 March 2012,
which simplified naturalization procedures for certain categories of foreigners such as
foreign spouses of Kyrgyz nationals and foreigners who have been living in the country for
five years or more. It is concerned, however, that the law fails to address a number of issues
relating to the children of stateless persons who are temporary residents and children born
to parents of different nationalities.
27.
The Committee recommends that the State party amend its Citizenship Act and
establish safeguards to prevent children born and living in its territory from becoming
stateless. It also recommends that the State party ratify the Convention relating to the
Status of Stateless Persons of 1954 and the Convention on the Reduction of
Statelessness of 1961.
E.
Violence against children (articles 19, 24 (3), 28 (2), 34, 37 (a) and 39)
Torture and other cruel or degrading treatment or punishment
28.
The Committee is extremely concerned about widespread torture and ill-treatment of
children by the representatives of law enforcement in detention facilities and closed
institutions, including solitary confinement being imposed on them for up to seven days. In
particular, the Committee is concerned about the case of Nookat in 2008, where families,
including children, were subjected to torture for their alleged membership in the Hizbut
Tahrir religious group. The Committee is also concerned about the lack of complaint
mechanisms and effective investigations into cases of torture and ill-treatment of children
in detention facilities and closed institutions and during the investigation process.
29.
The Committee urges the State party to take immediate measures to:
(a)
Launch prompt and effective independent investigations into all
allegations of torture and ill-treatment against children in detention facilities and
closed institutions and during investigations, in particular in relation to the Nookat
case, and ensure that perpetrators are prosecuted and punished under relevant
articles of the Criminal Code;
(b)
Ensure care, recovery, compensation and rehabilitation for child victims
of torture and ill-treatment;
(c)
Prevent incidents of torture and ill-treatment by independent monitoring
and unannounced visits to places of detention and closed institutions and by
undertaking comprehensive training programmes for security and police personnel;
(d)
Establish an effective complaint and data collection system for
complaints of torture or other forms of ill-treatment of children deprived of their
liberty.
Child abuse and neglect
30.
The Committee is concerned about the widespread abuse of children in families,
alternative care settings and schools, including verbal, psychological and physical abuse,
and a lack of psychosocial support for such children. It is also concerned that there is no
mechanism to send child victims of abuse and neglect to temporary foster families or crisis
centres, the latter of which are scarce due to lack of sufficient funding.
31.
6
The Committee recommends that the State party: