Kyrgyzstan: Submission for the Universal Periodic Review on the Situation with Torture and In-human Treatment

The present submission provides detailed information on the general situation with torture in the Kyrgyz Republic, as well as the situation regarding investigation of torture, compensation for victims, conditions of detention, national preventive mechanism, implementation of decisions of UN human rights bodies and the situation with civil society in the country.

The Kyrgyz authorities have taken certain measures to combat torture and ill-treatment in fulfilment of the state's obligations under ratified international treaties and in response to recommendations from international human rights mechanisms. However, these efforts have largely been focused on the development and adoption of documents outlining target frameworks for combating torture and ill-treatment, as well as plans for achieving these goals, rather than on implementing specific legislative or practical measures.

For the this reason, most recommendations from international human rights bodies, as well as recommendations from the previous UPR cycle, remain unfulfilled or only partially implemented. The use of torture remains widespread that is confirmed by official statistics from law enforcement agencies in Kyrgyzstan, as well as research findings from local and international human rights organizations. For instance, in a study aimed at identifying the Torture Practice Index, out of 444 participants held in temporary detention facilities (IVS) of the Internal Affairs Departments (OVD) and pre-trial detention centers (SIZO) of the State Penitentiary Service (SINS) under the Ministry of Justice of the Kyrgyz Republic, every fifth person (20.6%) reported having been subjected to torture, physical violence, or psychological pressure.

The incomplete definition of the crime of "Torture" in the Criminal Code of the Kyrgyz Republic allows a wide range of potential torturers those "acting in an official capacity" to avoid responsibility.

Due to delays in investigations and court proceedings in the rare cases involving torture, no official has been convicted for the use of torture in the last ten years. In practice, there have been instances of pardoning individuals serving sentences for torture. In the rare cases where courts rule for moral compensation for victims of torture and ill-treatment, the amounts awarded do not meet the criteria of reasonableness and fairness.

In addition, in the last years civil society organisations face additional stigmatization and restrictions in relation to their work due to the recently adopted a controversial law on non-governmental organizations (NGOs) that resembles foreign agent legislation. While the law is ostensibly aimed at ensuring transparency and accountability for groups funded from abroad, its true intent appears to be to suppress oversight, discussions, and criticism of those in power.

The full submission is available here.