A/HRC/45/2
medical care and left him to die in custody in July 2020. It asserted that the Kyrgyzstan
Government had ignored its international human rights obligations and bore
responsibility for his death. It called on Kyrgyzstan to ensure an independent
investigation into his imprisonment and death, and provide remedy. Human Rights
Watch stated that, although Kyrgyzstan supported recommendations combatting violence
against women, impunity was still the norm, and the authorities should enforce relevant
legislation and hold perpetrators accountable. It noted worrying developments on freedom
of speech and non-governmental organizations. Kyrgyzstan should ensure that journalists
and activists could work without retaliation by the authorities. Human Rights Watch was
disappointed that Kyrgyzstan did not support the recommendation to ensure the primacy of
international human rights law over domestic law, and recommended the withdrawal of a
bill before Parliament removing the obligation for courts to reconsider criminal cases in
which an international human rights body had found a violation.
416. United Nations Watch (by video message) expressed that it was wary that out of the
89 country statements in the report of the universal periodic review, no less than 78 praised
the Government’s human rights record. It questioned the claim by Kyrgyzstan that it was
attempting to form a trilingual generation of citizens and preserve the native language of
ethnic communities, given that it mandated high school examinations to be in Kyrgyz or
Russian languages and the drop in the number of Uzbek schools. United Nations Watch
was concerned with the use of vague counter terrorism laws to block internet access and
shut down independent news agencies. It queried: if the new Code of Criminal Procedure
had established that evidence obtained through torture was inadmissible, why had the
Kyrgyzstan Supreme Court in May upheld the sentence against Azimjan Askarov, when the
United Nations Human Rights Committee had found that he had been tortured? It asked
whether Kyrgyzstan in the future would release others convicted through the use of
torture, and if the report accurately reflected the situation on the ground.
417. The International Fellowship of Reconciliation urged further action on the right to
conscientious objection to military service and stated, that while Kyrgyzstan’s military
service of 12 months was obligatory for males, only limited conscientious objection
provisions had been introduced by a 1994 law on alternative service. It indicated that the
United Nations Human Rights Committee had noted that conscientious objection to
military service was allowed only to members of registered religious organization whose
teachings prohibited the use of arms. Kyrgyzstan had not justified why the provision on
alternative service had entailed a period of service twice as long as that required of
military conscripts and why persons of higher education served for a considerably shorter
period. The Committee had recommended that conscientious objection be provided for in
law in a manner consistent with the International Covenant on Civil and Political Rights.
The International Fellowship of Reconciliation also expressed concern about the
provision permitting the buying out of military service. Action Canada for Population
and Development (by video message) welcomed the many recommendations adopted by
Kyrgyzstan but stressed its concern by the absence of attention given to the human rights
of sex workers. It stated that even in the absence of a legislative ban, the police acted as
though sex work had been criminalized, and sex workers were systemically detained
arbitrarily, accompanied by humiliation, extortion and other forms of violence. It noted
that new legislation had made the plight of sex workers worse and police had begun to
extort more money from this group. It asserted that sex workers were stigmatized, had
insufficient access to sexual reproductive health care services, and conditions had become
more difficult due to the COVID-19 crisis, as they were unable to work and the State had
not provided financial assistance. It urged Kyrgyzstan to review all existing standards that
impact on the right of sex workers; establish a violence monitoring mechanism against
the police with respect to sex workers; ensure access to sexual and reproductive medical
services; and expand social protection for sex workers.
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