A/HRC/20/12
although there are reports of individuals sustaining injuries, psychological trauma, loss of
financial and material resources and even of life. In the Osh region, two ethnic Uzbek
citizens of Kyrgyzstan, arrested in relation to the June 2010 violence, died on 11 July and
14 August 2011 respectively, allegedly as a result of injuries sustained while in police
custody. In the Jalal-Abad region on 9 August 2011, an ethnic Uzbek man of Russian
nationality was arbitrarily detained by law enforcement officials. He was allegedly tortured
and a forensic examination confirmed severe internal injuries which led to his death two
days after his release.
40.
Violations of the rights of those arrested continue to be compounded by a lack of
adequate prosecutorial oversight. Torture is generally used by police to extract confessions
to crimes, which are later accepted in court. Thorough criminal investigations in response to
complaints by lawyers are lacking and are frequently discontinued after inadequate
preliminary inquiries by prosecutors.
41.
Allegations of torture and ill-treatment in detention remain common. The cases
reported to OHCHR typically exhibit similar characteristics: (i) police officers conduct
arrests in violation of legal procedures; (ii) detainees are denied access to a lawyer; (iii)
arrests are only registered 18 hours or more post facto; (iv) detainees are reportedly illtreated or tortured in the hours immediately following arrest; (v) ill-treatment or torture is
frequently aimed at extracting confessions to crimes.
42.
Deficiencies in the administration of justice are aggravated by corruption and
extortion at all levels of the justice system. Police officers often use arbitrary arrest with the
purpose of extorting money. In 2011, there were reports of migrants returning from Russia
being targeted for extortion by border police with demands of up to US$4,500. In early
2012, reports surfaced that individuals who had received financial compensation for
damages or the death of family members during the June 2010 violence had been subjected
to extortion by police officers and representatives of the local public administration.
43.
The impunity of law enforcement officials for torture and other abuses remains a
widespread and serious problem. Prosecutors continue to fail to effectively investigate
torture allegations. Investigations into and prosecutions of cases of torture have also been
closed after victims withdrew their complaints following reports of intimidation by law
enforcement officials. There is no effective protection programme for victims and witnesses
of torture.
44.
Despite steps taken to ensure accountability of law enforcement officers, the Office
of the General Prosecutor acknowledged that the percentage of cases initiated in 2011 is
incommensurably low in comparison with the number of complaints received by
prosecutors. Since October 2011, eight law enforcement officers have been facing
prosecution for torturing detainees, abuse of power and extortion during investigations into
the June 2010 violence.
45.
In 2011, the General Prosecutor issued three decrees (in April, September and
October), aimed at strengthening prosecutorial oversight of the prohibition of torture and
cruel, inhuman or degrading treatment or punishment, in particular in places of detention.
ROCA has welcomed the decrees and continues to urge their full implementation by the
authorities to ensure where appropriate that perpetrators of torture are prosecuted.
46.
Following the April 2011 decree, three Memorandums of Understanding were
signed between prosecutors and human rights organizations in Osh Province, Osh City and
Jalal-Abad Province. These agreements set out mechanisms for regular dialogue and
cooperation on the prevention and prosecution of torture within the framework of public
councils. ROCA/OMO supported the establishment of these public councils, participating
in discussions as an independent observer and advising all parties. Ten months after the
signature of the Memorandums of Understanding, little substantial progress has been made,
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