A/HRC/17/41
and, if adopted as drafted, will not seriously address the issue of the lack of independence
and effectiveness of this institution.
(b)
Penitentiary system
40.
As described in the monitoring report published in February 2011 by the Public
Oversight Council, which has functioned under the State Penitentiary Service since 2007, a
number of serious problems persist in the penitentiary sphere. These include poor prison
conditions, insufficient budgetary allocations to the penitentiary system, lack of trained
medical staff and psychologists, and weak social security for staff members of the
penitentiary system. The legislative framework regulating the penitentiary system and the
execution of punishments requires serious improvements.
41.
Serious concerns relating to life-sentenced prisoners deserve attention, in particular
the application of this type of punishment by the judiciary in relation to defendants in
criminal cases relating to the June 2010 violence in the south. As of February 2011, there
were 242 persons sentenced to life imprisonment. The most pressing issues relating to life
imprisonment are: a need to replace life imprisonment with 25 years of deprivation of
liberty as a fixed punishment; a need to review legal norms that discriminate against life
prisoners vis-à-vis other types of prisoners, including in their right to be considered for
parole; and the need to build additional facilities for life prisoners. The Government is
currently elaborating a national programme (“Umyt II”) for 2011-2015 to replace the
previous programme that expired in 2010, which will set out a conceptual framework for
developing the penitentiary system.
(c)
Truth and accountability
42.
The Government has taken some steps to investigate the causes of the June 2010
inter-ethnic violence.
43.
On 11 January 2011, the National Commission of Inquiry established by President
Otunbaeva in July 2010 presented its report. According to the Commission, the violence
was instigated by ethnic Uzbek community leaders and supporters of former president
Bakiyev. The Commission states that members of the provincial government and the
security forces failed to respond promptly and prevent the violence. The Commission also
found that members of law enforcement tortured detainees, most of whom were ethnic
Uzbeks.
44.
On 13 January 2011, the Ombudsman of Kyrgyzstan presented his report on his
investigation into the June events, stating that his office supports the conclusions of the
National Commission of Inquiry, in particular that the conflict was initiated by ethnic
Uzbek provocateurs. According to the conclusion of the Ombudsman’s investigation, the
conflict was due to the socio-economic situation in the southern region that originated in
the Soviet time, when ethnic Uzbeks enjoyed better living standards than ethnic Kyrgyz.
45.
There have been concerns about the lack of independence and impartiality of both
investigations. At least three members of civil society, who were among members of the
National Commission of Inquiry, expressed concerns about the modalities, composition and
the terms of reference of the National Commission. Both reports largely reflected views
held among some ethnic Kyrgyz politicians and the majority of the public. Debates in
Parliament on the findings of the National Commission were characterized by numerous
provocative nationalistic statements and biased remarks regarding the role of ethnic Uzbeks
in the violence. In January 2011, Parliament established a commission to look into the June
2010 inter-ethnic violence. No date is yet set for the publication of its report.
46.
The Government also mandated an independent international commission of inquiry
(Kyrgyzstan Inquiry Commission) to investigate the circumstances of the June violence,
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