A/HRC/20/12
55.
During the reporting period, ROCA/OMO conducted trial monitoring in connection
with the June 2010 violence. In general, ROCA/OMO observed flagrant violations of the
right to a fair trial, including the partiality of judges, intimidation of defendants, absence of
an interpreter, delayed trial proceedings, beatings of defendants and forced confessions.
D.
Truth and accountability for the June 2010 violence
56.
Follow-up to the recommendations to the four inquiries into the June 2010 violence
is still required. The severe deficiencies in the administration of justice, together with the
lack of effective response to address past violence and to bring perpetrators to justice,
undermine the rule of law and threaten the peaceful coexistence of ethnic communities and
the long-term stability of the country.
57.
The failure of the authorities to investigate and deliver justice for the June 2010
violence has resulted in further human rights violations. The right to justice for all victims
of the 2010 inter-ethnic violence has been seriously impeded. Furthermore, in many cases,
victims who claim their right to compensation as provided for by law face serious obstacles
as well as further harassment and intimidation by local authorities.
E.
Housing, land and property
58.
Access to adequate housing and the protection of housing, land and property rights
remain of serious concern. The June 2010 inter-ethnic violence in Osh and Jalal-Abad
further exacerbated the situation as it resulted in large-scale destruction of properties and
businesses. When implementing master plans for the construction and development of
urban areas, local administrations must ensure that property rights are respected and upheld.
Assurance on this has been given to ROCA/OMO by the authorities of Jalal-Abad but is
still pending from the Osh authorities.
59.
Beneficiaries of emergency transitional shelters constructed by UNHCR and ICRC
remain at risk regarding respect for their property rights. They still face obstacles
concerning the technical acceptance and registration of the constructions as private
property. Whereas at the time of construction, the State Directorate for reconstruction and
development of the cities of Osh and Jalal-Abad (SDRD) guaranteed the full registration of
the emergency shelters as permanent houses and private property, at the end of 2011, of the
approximately 1,620 buildings reconstructed, only 38 were registered in Jalal-Abad city and
region, with none in Osh City or the region.
60.
Recent changes in the legislative and administrative frameworks governing this
issue lack reference to the specific procedures necessary for property registration.
Currently, this legal uncertainty makes it almost impossible for affected households to
register their shelters, leaving them vulnerable to infringement of their property rights. This
further impedes the right to compensation in case of expropriation or demolition, as
beneficiaries lack the required registration documents necessary to file compensation
claims. This vulnerability is exacerbated by previous hurdles cited by authorities against
reconstructing and registering the shelters and uncertainties regarding implementation of
the master plans in affected areas.
11
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