A/HRC/17/41
(b)
Judges, as the rule of law guarantors, should be guided exclusively by the
new Constitution of Kyrgyzstan and applicable international human rights standards.
In case of retrials related to the June 2010 events, the hearings should not take place
in courts in the south of the country in order to ensure impartiality of judges. Judges
should maintain their impartiality irrespective of the ethnicity of victims, lawyers and
defendants. To ensure such impartiality, provincial rotation mechanisms of judges
and other participants in judicial processes should be adopted.
(c)
As per universal periodic review recommendations 76.52 and 76.57,
supported by Kyrgyzstan, the Government should ensure that lawyers are able to
perform all of their professional functions without intimidation, hindrance,
harassment or improper interference, and that they should not be threatened with
prosecution or administrative, economic or other sanctions for any action taken in
accordance with recognized professional duties, standards and ethics;
(d)
The Government should guarantee fair trial to all those being tried in
relation to the events of 7 April 2010 and in cases relating to the June 2010 interethnic violence and its aftermath in the south;
(e)
The Government should address the rights of all victims without
discrimination and intensify its efforts to reach consensus on policies that are
consistent with international standards, place victims at the centre of its agenda and
ensure that all victims effectively enjoy the rights to truth, justice and reparations.
79.
On torture and detention:
(a)
Law enforcement authorities should take urgent measures to prevent
further illegal and arbitrary detentions and undertake a process of registering all
detainees and ensuring that they are regularly brought before a competent court to
determine the legality of their continued detention;
(b)
The Government, prior to the establishment and commencement of
functions of the national preventive mechanism under the Optional Protocol to the
Convention against Torture, should guarantee unrestricted access by civil society
monitoring groups to all places of deprivation of liberty, including pretrial detention
centres of the National Security Service, as a confidence-building measure that will
ensure the trust of civil society and wider public in the work of the National Security
Service;
(c)
The Government should ensure timely and effective investigations into
torture allegations;
(d)
The Government should finalize legislative changes that further bring
national laws into line with the human rights standards pertaining to the prohibition
of torture.
80.
On the right to adequate housing:
(a)
The Government should review and streamline its legislation and
policies on housing in order to ensure their consistency with relevant international
human rights norms and standards;
(b)
The Government should develop a comprehensive national housing
strategy to ensure the inclusion of more diversified forms of housing to be provided
for vulnerable groups, such as low-income households, large families, single mothers
with young children, minorities, persons with disabilities, the elderly, internal migrant
workers, refugees and asylum-seekers;
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