CCPR/C/KGZ/CO/2
(c)
Establishment of the Human Rights Coordination Council further to the
Government resolution of 18 November 2013, mandated to enforce implementation of
international human rights obligations.
4.
The Committee welcomes the ratification by the State party of the following
international instruments:
(a)
The Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty, on 6 December 2010;
(b)
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, on 22 July 2002;
(c)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, on 12 February 2003, and the
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict, on 13 August 2003;
(d)
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, on 29 September 2003;
(e)
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment, on 29 December 2008.
C.
Principal matters of concern and recommendations
Applicability of the Covenant in domestic courts
5.
The Committee notes that according to article 6 (3) of the Constitution of the
Kyrgyz Republic, international human rights treaties are part of the domestic law. However,
it regrets the lack of evidence that domestic courts apply the provisions of the Covenant
(art. 2).
The State party should take appropriate measures to raise awareness among judges,
lawyers and prosecutors about the Covenant and the direct applicability of its
provisions in domestic law, so as to ensure that they are taken into account before
domestic courts. The State party should include detailed examples of the application
of the Covenant by the domestic courts in its next periodic report.
Implementation of the Views of the Committee
6.
While welcoming article 41 (2) of the State party’s Constitution, which stipulates
the obligation to take measures to restore victims’ rights and provide compensation in cases
where violations are found by international treaty bodies, the Committee is concerned about
the failure to implement the Views adopted by the Committee in relation to the State party,
and about allegations that asylum seekers continue to be returned to their home countries
notwithstanding the Committee’s Views on the matter. Despite the information provided
during the dialogue, the Committee regrets the lack of clarity on the role of the newly
established Human Rights Coordination Council with respect to the implementation of the
Committee’s Views (art. 2).
The State party should take all necessary measures to ensure the full implementation
of the Views adopted by the Committee in relation to the State party. The Human
Rights Coordination Council should also be mandated with monitoring the
implementation of the Committee’s Views and should address this issue as a matter of
urgency.
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