A/HRC/17/41 IV. Conclusions and recommendations 72. The United Nations High Commissioner for Human Rights welcomes the continuous cooperation between the Government of Kyrgyzstan and OHCHR, and supports the commitment of the Government to undertake certain steps to improve the national human rights protection system. The efforts it has made to bring its national laws into line with international human rights standards illustrates the Government’s will to comply with its obligations, and its intention to implement recommendations set by the universal periodic review mechanism, treaty bodies and special procedures. 73. A major challenge in the national agenda is the organization of free, fair and peaceful Presidential elections in the fourth quarter of 2011, whereby all citizens of Kyrgyzstan should be able to exercise their right to choose their President. In this regard, of concern is the nationalistic rhetoric that has been used by some politicians. This could hamper the credibility of the elections, and the impact is already tangible as many representatives of various ethnic communities have left or plan to leave Kyrgyzstan. The Government should redouble its efforts in these critical areas and ensure the protection of all those who reside in the country. 74. The human rights concerns described throughout the report, including the lack of an independent and effective administration of justice as well as gender-based violence and discriminatory practices towards women, may undermine the Government’s efforts towards reconciliation. Legal and policy frameworks require prompt and further review. The reform of existing laws and policies that promote and protect human rights should be more inclusive and participatory. 75. The High Commissioner supports the universal periodic review recommendations on Kyrgyzstan and extends cooperation to the Government in their implementation, in close cooperation with the United Nations Country Team, regional organizations and the donor community, as relevant. 76. Kyrgyzstan has not yet ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of Persons with Disabilities and its Optional Protocol or the International Convention for the Protection of All Persons from Enforced Disappearance. Reports are overdue before the Committee on the Elimination of Racial Discrimination since 2010, the Committee on Economic, Social and Cultural Rights since 2005, the Human Rights Committee since 2004, the Committee against Torture (CAT) since 2002, and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families since 2005. 77. In order to consolidate the progress made in improving the human rights situation in Kyrgyzstan, the High Commissioner has formulated the following recommendations. 78. On administration of justice: (a) The Government should take immediate steps to address deficiencies in the protection of fair trial rights for detainees. In this respect, the Supreme Court, in accordance with its powers, should ensure that in those cases where inadmissible evidence might have been used, the verdicts rendered by lower courts are reversed and the criminal cases are dismissed or sent for retrial. The Supreme Court should further ensure full assessment of torture allegations and of the admissibility of evidence that might have been obtained under duress; 14

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