A/HRC/17/41
qualify the crimes and violations under international law, determine responsibilities and
make recommendations, in particular on accountability measures to ensure non-repetition
and to contribute towards peace, stability and reconciliation. The Commission completed
on-site investigations on 31 January 2011, and was due to submit its report to the
Government for comments by the end of February 2011. Publication of the report is
expected in March 2011.
(d)
Arbitrary detention and torture
47.
In the aftermath of the June 2010 violence, OHCHR received numerous reports of
arbitrary detention in Osh and Jalal-Abad. In the majority of the cases documented by the
Office, the victims were ethnic Uzbek. In some cases, members of security forces failed to
show warrants, explain the reasons for the detention or clarify where the detainees were
being taken. There were numerous reports of extortion by police in such cases of detention.
Reports continue that police officers demanded the payment of money from detainees or
their relatives to secure their release or to avoid having investigations initiated against
them. In the vast majority of such cases, victims refused to file complaints as they feared
repercussions.
48.
During the period under review, OHCHR documented cases of torture or illtreatment. The frequency and gravity of allegations raised serious concern. While most
cases involved various forms of beatings, the Office also documented cases of torture in
which victims described being subjected to electro-shock, including to the genitals;
suffocation; sustained beatings; and death threats. Torture was reportedly often
accompanied by ethnicity-based harassment and humiliation.
49.
Concerns about frequent allegations of torture and ill-treatment were compounded
by the failure of the authorities to take steps to investigate such allegations, bring to justice
perpetrators and provide victims with redress. During the period under review, the Office of
the Prosecutor in Osh did not pursue investigations into allegations of torture, despite the
numerous cases in which significant evidence was available and in which complaints had
been filed.
50.
International human rights standards oblige the Kyrgyz authorities to ensure that all
allegations of torture and ill-treatment are fully investigated and that measures are taken
against anyone found to have been involved in such practices. Victims should be provided
with adequate compensation. Judges and prosecutors are bound by the relevant provisions
of the Kyrgyz Criminal Code and Criminal Procedure Code and therefore should open
criminal investigations on alleged torture and ill-treatment either during court hearings or in
the course of their inspection of detention facilities. To date, the police, prosecutors and
members of the judiciary have not acted upon allegations of torture in the aftermath of the
June 2010 violence.
2.
(a)
Economic, social and cultural rights
The right to adequate housing
51.
Kyrgyzstan has undertaken an obligation to adopt appropriate legislative,
administrative, judicial and other measures, to the maximum of its available resources, with
a view to achieving progressively the full realization of the right to adequate housing. To
this end, articles 12 and 46 of the Constitution have set the ground to review and bring
national legislation into compliance with the new Constitution and international standards
on the right to adequate housing. Some immediate obligations are not subject to resources
or progressive realization, including those relating to forced eviction and nondiscrimination.
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