In Dialogue with Kyrgyzstan, Experts of the Committee against Torture Commend Legislative Progress against Domestic Violence, and Ask about Assistance for Victims of Gender-based Violence
The Committee against Torture this afternoon concluded its consideration of the third periodic report of Kyrgyzstan on the efforts made by the State party to implement the provisions of the Convention against Torture. During the dialogue, Committee Experts commended Kyrgyzstan for legislative progress against domestic violence, and asked about assistance for victims of gender-based violence.
A Committee Expert commended Kyrgyzstan for the adoption of the Protection Against Domestic Violence Act in 2017, and the approval of the instructions against domestic violence for police officers. Yet while the law specifically prohibited domestic violence and spousal abuse, violence against women and girls remained a significant yet underreported problem. One Expert also asked the delegation to explain what measures had been taken to establish medical and psychological support, as well as shelter and legal assistance for victims of gender-based and domestic violence, as the Family Violence Law required? It was noted that during the state of emergency due to the COVID-19 pandemic, the media had reported that domestic violence had increased by as much as 60 per cent.
The delegation explained that individuals who had committed domestic violence could be kept up to 48 hours in custody, and administrative arrest could be up to seven days. Perpetrators of domestic violence who refused to carry out the correctional programme could be charged. Women and children who were hiding from domestic tyrants could be provided with material assistance and psychological, legal and medical support. If a criminal case was brought against an alleged perpetrator, a fund helped victims find work. Women who needed it were provided with assistance throughout court proceedings.
Kynatbek Smanaliev, Deputy Minister of Justice of the Kyrgyz Republic and head of the delegation, presenting the report, said that mobile police units were being implemented, which would provide legal advice to the population in areas where the presence of police officers and local government officials was limited. A main task was the prevention of domestic violence. To date, there were 49 such units of mobile community police.
In order to improve the qualifications of judicial and law enforcement personnel in the field of human rights, the curricula for their educational institutions included the prevention of violence, torture and cruel and inhuman treatment; combatting human trafficking; legal and social protection from domestic violence; and combatting bride theft as a violation of the rights of women.
The delegation of Kyrgyzstan consisted of representatives of the Ministry of Health; the General Prosecutor’s Office; the Supreme Court; the State Committee for National Security; the Ministry of Internal Affairs; the Ministry of Foreign Affairs; and the Permanent Mission of Kyrgyzstan to the United Nations Office at Geneva.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Committee against Torture’s seventy-second session can be found here.
The Committee will next meet in public at 10 a.m. on Tuesday, 16 November, to begin its consideration of the situation in Nigeria in the absence of an initial report.
Report
The Committee has before it the third periodic report of Kyrgyzstan (CAT/C/KGZ/3).
Presentation of the Report
KYNATBEK SMANALIEV, Deputy Minister of Justice of the Kyrgyz Republic and head of the delegation, presenting the report, informed the Committee about the current internal political situation in the country and recent changes that had not been included in the report to the Committee. Following a national referendum, a new Constitution had been adopted in April 2021. Article 56 of the Constitution said that no one could be subjected to torture and other inhuman, cruel or degrading treatment or punishment. Torture was a crime and committing torture and other forms of cruel and inhuman treatment or punishment entailed criminal liability. The new codes which had been drafted and adopted in the area of criminal procedure to that end were the Criminal Code, the Criminal Procedure Code, the Criminal Administrative Code and the Code on Misdemeanours. The new version of the Criminal Code stipulated that a person guilty of torture could be sentenced to between five and 12 years of prison. In response to civil society comments about delays in investigation, investigators from the procurator’s office, together with investigators from the National Security bodies, were authorised to investigate offences linked to torture.
A specialised office called the “Office on Guaranteeing State Protection” had been created in 2014 under the Interior Ministry and was responsible for ensuring the security of participants of criminal proceedings, including victims of torture. Such victims were also provided with medical and psychological assistance. Non-governmental organizations, the National Centre for the Prevention of Torture, and the Ombudsman Institute also carried out work to combat torture. Overall, the procurator, together with representatives of the Ombudsman and the National Centre for the Prevention of Torture, carried out hundreds of joint spot checks in detention centres and remand facilities. The procurator, without the participation of the national human rights institute, carried out thousands of spot checks in administrative facilities of the Interior Ministry, in prisons, as well as in closed institutions. Since the criminalisation of torture in 2012, 18 officials had been found guilty of the crime. The State Corrections Service had been fitted with CCTV cameras and video surveillance, and officials in charge had been issued with body cameras.
Turning to the issue of domestic violence, Mr. Smanaliev informed the Committee that with the support of the Organization for Security and Cooperation in Europe, mobile police units were being implemented, which would provide legal advice to the population in areas where the presence of police officers and local government officials was limited. A main task was the prevention of domestic violence. To date, there were 49 such units of mobile community police.
In order to improve the qualifications of judicial and law enforcement personnel in the field of human rights, the curricula for their educational institutions included the prevention of violence, torture and cruel and inhuman treatment; combatting human trafficking; legal and social protection from domestic violence; and combatting bride theft as a violation of the rights of women. To implement the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, also known as the Istanbul Protocol, a practical manual had been developed for Kyrgyzstan by its Ministry of Health. Training for medical examinations in accordance with the Istanbul Protocol had been introduced to the curriculum of the State Medical Institute. Kyrgyzstan was one of the first States in central Asia to successfully mainstream and implement the provisions of the Protocol, Mr. Smanaliev added. Kyrgyzstan was committed to the struggle against torture and other cruel, inhuman or degrading forms of treatment or punishment, and the dialogue with the Committee was extremely important to the country.
Questions from Committee Experts
ANA RACU, Committee Co-Rapporteur for Kyrgyzstan, noted that the current Criminal Code still did not criminalise torture in accordance with the definition given by the Convention. The crime of torture had been re-categorised from a less serious offense to an especially serious one. According to Kyrgyzstan’s national legislation, could the presidential pardon be applied to perpetrators of torture?
Could the delegation indicate whether a definition of torture that covered all the elements contained in article 1 of the Convention would be adopted and whether torture-related crimes were punishable by appropriate penalties taking into account their grave nature, as set out in article 4, paragraph 2 of the Convention? Turning to the national human rights institution and the national preventive mechanism, she noted that a legal provision created a direct link between the Ombudsman and political forces, preventing him or her from effectively performing his or her function of protecting human rights. She asked for the delegation’s views on the draft law under consideration in Parliament which would amend the procedure for the election and dismissal of the Ombudsman, its legal status, competence, and other matters.
Ms. Racu asked for clarifications on the functioning of the national preventive mechanism due to the interferences in its activity. What specific budgetary or logistical resources had been allocated to the National Centre for the Prevention of Torture so that it could fulfil its mandate according to the requirements of the Optional Protocol to the Convention? How many recommendations related to the prevention of torture and the protection of persons deprived of their liberty had been issued by the National Centre for the Prevention of Torture, and how many of them had been implemented by the State authorities, and to what extent?
Most monitoring groups, including the International Committee of the Red Cross, had reported receiving access to prisons and pre-trial detention facilities, except for those operated by the National Security. Some non-governmental organizations had the right to visit prisons independently as part of their technical assistance, such as medical and psychological care, and Ms. Racu commended Kyrgyzstan for giving them that opportunity. The delegation’s views on ensuring access to human rights non-governmental organizations during the COVID-19 pandemic would be welcome.
Turning to fundamental legal safeguards, Ms. Racu said that according to some reports, there were issues related to the timely registration of detention and respect of the rights of detainees. Practice had shown that the most significant human rights violations, including torture, took place during the first hours following detention before being held in a temporary detention facility, which might last indefinitely.
Could the delegation inform the Committee about how Kyrgyzstan intended to ensure the right of access to a lawyer for all persons deprived of their liberty, including those on administrative arrest and minors, who apparently were the most disadvantaged when it came to legal aid? What steps would the State party take to ensure the effectiveness of the system for free legal representation throughout the criminal procedure, including at the initial stage of police custody?
The right to liberty and security of a person was a constitutional human right, Ms. Racu stated. As for the problem of exceeding the time limits established by law, it was the assessment of the Committee that the prolonged detention of a person in a police temporary facility, such as temporary detention centres of Kyrgyzstan, might amount to cruel, inhuman and degrading treatment. The law did not establish a time limit for detention for the entire duration of the judicial proceedings, and the Committee would appreciate the delegation’s comments on national legislation concerning the time limit spent in pre-trial detention.
Turning to medical examination at arrest, she asked the delegation to provide relevant information about Kyrgyzstan’s efforts to ensure medical examination on admission in a police detention unit. Were there any recent initiatives aimed at improving the way medical personnel carried out the clinical assessment and physical inspection of inmates? Were the doctors performing those examinations on admission to a pre-trial detention centre reporting to a specific health authority? What were the internal provisions to report cases of possible torture and ill-treatment? Were there any specific registers for injuries or violent incidents? How many such cases were reported during the reporting period, and what were the results of the reported cases in terms of investigations, prosecutions and punishments?
On a positive note, she commended Kyrgyzstan for the adoption of the Protection Against Domestic Violence Act in 2017, and the approval of the instructions against domestic violence for police officers. However, while the law specifically prohibited domestic violence and spousal abuse, violence against women and girls remained a significant yet underreported problem. Among the domestic violence cases brought to court, prosecutors classified a significant number as administrative offenses or misdemeanours, which carried a lighter sentence. During the state of emergency due to the COVID-19 pandemic, the media had reported that domestic violence had increased by as much as 60 per cent. The Committee remained concerned about the high prevalence of violence against women, in particular domestic and sexual violence, and about the lack of statistical information disaggregated by age, nationality and relationship between the victim and the perpetrator on violence against women and its causes.
Could the delegation explain what measures had been taken to establish medical and psychological support, as well as shelter and legal assistance for victims of gender-based and domestic violence, as the Family Violence Law required? What steps had been taken to ensure that the police were more willing to act in response to acts of domestic violence and to treat them as actual human rights violations? Did the delegation have any data on the number of prosecutions and convictions handed down for acts of gender-based and domestic violence for the reporting period? How did courts ensure adequate enforcement of protection orders in cases of domestic abuse? How many temporary banning orders had been issued, and how many people had been convicted for failing to comply with them? The Committee was deeply concerned about the persistent abduction of women and girls for forced marriages that resulted from bride kidnapping, especially in rural and remote areas.
Turning to the issue of trafficking in persons, she said the Committee commended Kyrgyzstan for the adoption of the national action plan on combatting human trafficking for 2013-2016, and the increase of the minimum sentence for human trafficking from three to five years’ imprisonment in the Criminal Code. The Committee was concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions relating to trafficking in women and girls and on support and rehabilitation programmes for victims. Ms. Racu asked the delegation to provide such figures.
Turning to issues around the protection of refugees, asylum-seekers and migrants, she said the Committee greatly appreciated the steps taken by the Government to address the problem of statelessness in the country, noting that Kyrgyzstan was the only country in Central Asia that had undertaken a nation-wide registration campaign to measure the scale of statelessness and reach out to stateless people and those who were at risk of statelessness.
Could the delegation update the Committee on what steps it was taking to investigate serious claims relating to reports indicating Kyrgyzstan had not taken all measures to ensure the principle of non-refoulement in three particular individual cases?
Concerning migrants and asylum seekers, Ms. Racu said the Committee would appreciate any updates on the coordination mechanism, registration, or any recent changes in the legislation or practices aiming at improving the situation of migrants and asylum seekers, including the status of unaccompanied children. How many complaints had been submitted by migrants, and how many of them had been investigated?
Turning to the matter of health care in prisons, she noted that Kyrgyz prisons continued to be impacted by the Soviet legacy and economic crises, adding that prison health care issues were a strong focus of the Committee’s attention. Could the delegation provide some figures for the last years regarding the incidence of tuberculosis among prisoners and the treatment of patients? What were the State party’s views on the prevention of drug use, decriminalising drug use and the protection of prisoners undergoing a methadone programme?
Lastly, Ms. Racu encouraged Kyrgyzstan to make a statement under article 22 of the United Nations Convention against Torture recognising the competence of the Committee against Torture to consider individual communications.
ILVIJA PŪCE, Committee Co-Rapporteur for Kyrgyzstan, said the Committee commended efforts by Kyrgyzstan to eradicate torture or inhuman and degrading treatment, and the country’s report contained a lot of proof of those efforts. Education and training were a cornerstone of prevention of torture. Could the delegation inform the Committee about training specifically related to the prevention of torture or other cruel, inhuman or degrading treatment or punishment? What kind of practical training was provided to staff of law enforcement agencies? As for medical staff training on the Istanbul Protocol, the Committee appreciated that the Ministry of Health had developed a guide related to that Protocol. Could the delegation provide information about training for law enforcement agencies about how to deal with women victims of violence? What training was provided on how to deal with people from the lesbian, gay, bisexual and transgender community?
To investigate a case of torture, it needed to be well-documented, Ms. Pūce noted. Further, could the delegation provide information about how investigative bodies in charge of investigating all charges of torture worked? Who could submit complaints or allegations of torture to these investigative bodies? What was the outcome of the Ombudsman’s Office being informed about the beating of pre-trial detainees? The Committee would like to have statistics about the complaints received by the State National Security Committee. How many complaints from women, juveniles, lesbian, gay, bisexual and transgender people, and other groups had been received?
Regarding detention facilities, persons held there were often denied visitors, and pre-trial detention periods were reported to be lengthy. To understand the prison situation better, could the delegation provide the Committee with a list of pre-trial detention facilities and prisons in the country, their official capacity and their actual capacity? How many staff did those facilities have, including medical staff, social workers, psychologists and teachers? The Committee understood that overcrowding was persistent in those establishments, which was a source of many human rights violations. What measures had been taken to reduce overcrowding in places of detention and deprivation of liberty?
The conditions of detention of persons serving life sentences was of particular concern. Could the delegation provide information about the total number of inmates serving life sentences in Kyrgyzstan? Information about the security measures, such as hand-cuffing, strip searching, and the use of dogs, was also requested. Regarding solitary confinement, could the delegation inform about the periods allowed for solitary confinement, and could consecutive periods be imposed? Could juveniles still be placed in solitary confinement, and if so what were the regulations around that?
Ms. Pūce then turned to questions about the treatment of journalists. There had been multiple reports of violence against journalists. Were law enforcement officials provided with information about how to interact with the press at demonstrations? How could journalists report instances of intimidation?
Regarding the situation of human rights defenders, could the delegation provide information about whether allegations of torture had been investigated in the case of Azimjan Askarov?
Could the delegation inform about the situation of children in residential institutions? Was there really no complaint system for children in orphanages and boarding schools? Had there been any investigations into violence in such establishments? On the matter of corporal punishment, it was noted that Kyrgyzstan had accepted recommendations made during the Universal Periodic Review to prohibit it. What were the developments on this issue, when would the Child Code be signed, and would it contain an explicit prohibition of corporal punishment?
Another Committee Expert asked for further information about the case of Mr. Azimjan Askarov, and whether compensation had been provided to his wife. What measures would the State party take to comply with United Nations treaty bodies’ individual communications decisions regarding reparations? One Committee Member asked whether Kyrgyzstan was considering becoming party to the 1954 and 1961 Conventions regarding statelessness? Another Committee Expert asked for information about conditions for migrants in Kyrgyzstan. One Committee Expert asked for information about amendments to the Criminal Code; could the delegation inform about thresholds for penalties for torture?
Responses from the Delegation
The delegation addressed questions about national legislation around the definition of torture. The Criminal Code had two parts, the general and the particular. In response to whether pardons could be given to persons convicted of torture, the delegation said that pardons could only be granted by the President. Each person had the right to submit a request for a pardon. A special body examined those requests on an individual basis. Over the last year, there had not been any case where a Presidential pardon had been issued for a person convicted of torture.
Regarding the definition of torture in the Criminal Code, the delegation explained that the definition had been brought into line with the definition in the Convention. The Regional Prosecutors’ Offices had extra staff who examined allegations of torture and other serious crimes.
On the status of the Ombudsman, Kyrgyzstan had established a complex mechanism of bodies in the human rights sphere, the delegation said. Currently, a draft constitutional law on the Office of the Ombudsman would lay the way toward that Office complying with the Paris Principles, once adopted.
In response to questions about the Istanbul Protocol, the delegation said that a great deal of work had been done as regards training of officials. Some 6,000 health professionals had been trained. Doctors and paramedics as well as specialists had been trained specifically in the Istanbul Protocol. The Protocol had been implemented by the Ministry of Health, yet the COVID-19 pandemic had unfortunately hindered further efforts. The pandemic had subsided somewhat, yet all States had seen their activities restricted. All the medical establishments and health professionals were working to protect the population of Kyrgyzstan from COVID-19.
As for questions about the Criminal Code, the delegation said Kyrgyzstan attached importance to the activities of the National Centre for the Prevention of Torture. On the question of lack of resources for the National Centre in three oblasts of the country, the delegation said that there was indeed only one person working in each, due to a lack of budgetary resources. The issue had been on the Government’s agenda, however, and it was hoped that soon, the Government would be able to consider the matter. As for the question on the reduction in the budget of the National Centre, in the bill for the draft budget for 2022, the National Centre would be assigned an increase in the budget. As for access for civil society to detention facilities, the procurator, the Ombudsman and the National Centre conducted unannounced inspections around the country. The existing system of inspections was sufficient for monitoring and carrying out interventions.
Concerning the questions on the implementation of inmates’ rights, the delegation said those rights were normatively enshrined in national legislation. The Criminal Procedure Code clearly regulated those issues. Suspects were entitled to know which crimes they were suspected of having committed, among other stipulations. New wording of the Criminal Procedure Code would enter into force in December, which among other things would enshrine the norm that the maximum time for custody should not exceed one year. After that, an accused person should be subject to immediate release from the detention centre. The intention was to observe the rights of detained persons.
A question had been asked about medical certification at the moment of arrest, the delegation noted, explaining that in the event that signs of torture were detected, a medical worker then completed forms under the Istanbul Protocol, and the information was transmitted to the Health Ministry’s e-portal.
In response to questions about gender and domestic violence, bride kidnapping and human trafficking, the delegation said that individuals who had committed domestic violence could be kept up to 48 hours in custody, and the new wording of the Criminal Procedure Code, adopted in 2021, included a standard-carrying liability for domestic violence in the form of administrative arrest, that could be up to seven days. Individuals who carried out domestic violence and refused to carry out the correctional programme could be charged. Recognising the importance of work to protect the rights of women, a special desk had been set up by the Interior Ministry, which provided services to victims. In 2021, the initiative had been further developed. As for bride-kidnapping, articles of the Criminal Code provided for toughened liability, now standing at years of prison terms, equal to a serious crime.
Kyrgyzstan had 17 private crisis centres operational for those suffering difficult circumstances and domestic violence. Kyrgyzstan had recently opened the first State municipal-level crisis centre in the city of Bishkek. Women and children who were hiding from domestic tyrants could be provided with material assistance and psychological, legal and medical support. The centres also assisted victims in going to court. Victims received shelter, if needed, but for no more than 10 days. If a criminal case was brought against an alleged perpetrator, a fund helped victims find work. Women who needed it were provided assistance throughout court proceedings, and could go to the centres for up to 10 months while the cases were going through the courts. Women were taught about their rights in the centres.
The COVID-19 pandemic unfortunately continued to affect countries around the world, including Kyrgyzstan. In July 2020, a peak in the infection rate had been seen. Kyrgyzstan had seen three waves of the Corona virus. As for infections among the penitentiary population and those working among them, the delegation informed that among prisoners in 2020, dozens of cases had been registered. There had been very few deaths, yet they had included Azimjan Askarov. He had become ill but refused to be transferred to hospital. The patient categorically resisted treatment, refusing oxygen, and on 25 July 2020 he had died. After recording the death, investigators had gone to the location, accompanied by representatives of the Special Prosecutor. There had been no signs of injuries of a criminal nature. The case into his death had been discontinued due to a lack of grounds that a crime had been committed. Currently, national security organs were conducting their own comprehensive investigative operation. In response to questions on issues around compensation, the delegation said this could not be considered until the end of proceedings, until the end of the case into the death of Mr. Askarov was closed.
Turning to the actions of Kyrgyzstan when it came to eradicating statelessness, the delegation said that the country regulated the matter through legislation. Preventing statelessness required non-stop work, and more than 80,000 persons had changed to updated passports. A pilot project to reduce statelessness had led to work around the country to identify and record all stateless persons. Mobile units had visited the most remote parts of the country. Kyrgyzstan thanked the United Nations Refugee Agency for the assistance it had provided. The Government had automated the registration process for issuance of documents, and made the provision of services more accessible. The list of documents required had been reduced, and a process of scanning and digitising the archives had been conducted.
In response to a question about the work and activities of the State Corrections Services, the delegation said the structure of the State Corrections Facilities included an adolescent correctional facility, 10 residential colonies, and 10 correctional institutions, among others. There was a budget assigned to completing the building of a second special facility for life imprisonment convicts. Work had been carried out refitting the building where such convicts were currently held, setting up a section to hold life convicts which provided more comfortable conditions. A rehabilitation centre functioned since 2004, and the programme it offered was designed to treat convicts who were alcoholics and drug addicts. Rehabilitation centres taught skills, including skills in information technology and industrial skills. The activities of inmates were governed by normative legal acts.
Concerning the question on lesbian, gay, bisexual and transgender persons, the delegation said that the Constitution had set the stage for the development of anti-discrimination legislation. In 2016, the Health Ministry, along with other partners, had begun work on a manual on the provision of medical and social assistance to transgender, transsexual and gender non-conforming people. The manual set out standards for medical provision, and medical assistance allowed individuals to be fully comfortable with their gender identity. Kyrgyzstan was the only country in Central Asia to have a legal basis for providing medical and social assistance in that context.
Follow-up Questions from Committee Experts
ANA RACU, Committee Co-Rapporteur for Kyrgyzstan, thanked the delegation for the answers provided and for their active engagement in the promotion and protection of human rights in Kyrgyzstan. Regarding inspections into places of detention, how many recommendations had been issued by the National Centre for the Prevention of Torture, and how many had been implemented by State authorities? Noting that most of the findings of the Ombudsman visits to detention facilities were made public, how many of them had been implemented by the Kyrgyz authorities? Did detention facilities face a shortage of staff, and if so to what extent? What were the steps being taken to improve the staffing of the National Centre and its professional level? Could the delegation inform about the vaccination rate against COVID-19 for prisoners? On bride kidnapping, the information and references to national criminal legislation were appreciated, as well as the figures on criminal investigations. But how many sentences had been handed down by courts for that specific crime? The Committee had taken note of the delegation’s replies to questions on individual cases. Apart from those individual cases, several questions had been raised on the general situation of migrants; reports indicated that the referral mechanism was inadequate, leading to risks of refoulement. Could the delegation provide updates on any recent changes, or practices aiming to improve the situation of migrants and asylum seekers? How many complaints had been submitted by migrants?
ILVIJA PŪCE, Committee Co-Rapporteur for Kyrgyzstan, asked for further information about the situation of persons sentenced to life in prison. Where were they held, and under which degree of strictness of regime? The Committee had also asked about the situation of journalists, and the situation of juveniles, including oversight mechanisms for their institutions. In addition, the Committee had asked for information about training for prison staff. It was appreciated that the delegation had informed about the structure of prison institutions; the Committee would also like to know how inmates were distributed across them.
Another Committee Expert invited the delegation to explore alternative ways in which national law could be interpreted to give effect to certain international obligations.
Follow-up Responses from the Delegation
The delegation said that starting in 2013, the National Centre for the Prevention of Torture had developed recommendations, some of which were of a long-term nature and were currently being implemented. As for unannounced spot checks, they were carried out by the procurator, sometimes accompanied by representatives of the National Centre or the Ombudsman. In one case, charges were pressed but the claimant retracted the initial statement and the case was discontinued. Another question had been asked about the duration of enforcement measures: under article 115 of the Criminal Procedure Code, extending remand beyond one year was not permitted.
Concerning questions about the situation of refugees, the delegation noted that Kyrgyzstan had acceded to relevant conventions on refugees. As for questions on investigative jurisdiction, the delegation said the issue was regulated in the Criminal Procedure Code. A question had been asked on improving the qualifications of investigators into the crime of torture; from 2017 to now, 34 seminars and workshops had been held for investigators and officials from other offices of the State National Security Committee, among others. Topics addressed included improving the effectiveness of investigations into torture, improving cooperation between State organs and civil society on preventing torture, and joint efforts to combat torture in Kyrgyzstan.
In response to a question about vaccinations, the delegation said Kyrgyzstan was part of the COVAX platform, and through that programme was receiving AstraZeneca and Pfizer vaccines against COVID-19, among other ways of accessing them. Both those working in the prison system and inmates had received vaccinations, on a voluntary basis. As for questions about a shortage of medicine, additional information would be provided in writing. Kyrgyzstan had a protocol in place which gave a list of medicines which were bought and used for preventive treatment and for those who were ill.
As for questions about the number of criminal cases examined on torture, as of 2019 and the first half of 2021, a number of officials had been convicted of torture and some had been sentenced to prison terms. Damages had been decided upon by the courts. Compensation, including for moral damages, was regulated depending on the seriousness of the crime, among other things.
In response to questions about the less stringent regime in some residential facilities, the delegation explained that the lighter regime was extended to those sentenced to life imprisonment if they conducted themselves pursuant to the rules in the place of detention. Kyrgyzstan did have a code on children, but a new version had been drafted together with civil society and non-governmental organizations. The code had been adopted, and submitted to the President for signature. Some technical points needed to be worked on, after which it would be settled. It did contain standards on the prohibition of the use of corporal punishment. A stand-alone chapter in the Criminal Procedure Code was about procedures involving minors. As for medical personnel in prison facilities and places of deprivation of liberty, doctors should be available, though there were vacant posts.
Concluding Remarks
KYNATBEK SMANALIEV, Deputy Minister of Justice of the Kyrgyz Republic and head of the delegation, thanked the Committee Experts for their attention. The Committee Experts had acted with great respect in listening to the statements and answers. On behalf of the delegation, he thanked the Committee and wished its Members good health, expressing hope that the COVID-19 pandemic would soon be in the past. Kyrgyzstan would always act in solidarity with the Committee.
CLAUDE HELLER, Committee Chairperson, congratulated the delegation for its openness in dealing with all the issues that had been raised during the dialogue. He also congratulated the Committee Co-Rapporteurs for their questions and research, which had enriched the dialogue, as well as the other Members who had participated. The meeting would strengthen the cooperation between Kyrgyzstan and the Committee; it was hoped follow-up would benefit Kyrgyzstan.
For use of the information media; not an official record.
English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CAT21.009E