A/HRC/45/13/Add.2
particularly labour migrants, who are often held for several days without their embassies
being notified as required.
28.
The Working Group highlights the fact that the failure to acknowledge deprivation
of liberty by State agents and the refusal to acknowledge detention may constitute enforced
disappearance, even if it is of a short duration. Such practices also weaken the value of the
new provision, which defines arrest as the short-term deprivation of the freedom of
movement of a suspect by law enforcement authorities, meaning that the definition of arrest
now includes the time between actual apprehension of a person before his or her
presentation before the relevant authority.
29.
The Working Group was also informed that according to monitoring jointly
conducted by the national preventive mechanism and civil society in 2018, at least 300
defendants had been placed in overcrowded temporary detention facilities under the
auspices of law enforcement authorities, where their detention was not properly registered.
The Working Group was made aware of 10 cases of deaths in such facilities since 2016,
which raises serious concerns about mistreatment of detainees, whether perpetrated by
police officers or other inmates, about lack of medical attention and about deaths resulting
from gross negligence.
30.
Investigations into these crimes are conducted by the State Committee for National
Security. The Working Group notes that the State Committee lacks the trust of civil society
organizations, among others, and does not appear to have the subject-specific expertise to
properly investigate enforced disappearance. Another concern conveyed to the Working
Group was the lack of effective oversight exercised by the parliament and the courts over
the State Committee, which shapes the prevailing perception of privilege and, by default,
impunity. The Working Group understands that the State Committee has its own temporary
detention facilities, one in Bishkek and one in Osh, and its own pretrial detention facility.
The Working Group received information that these facilities are especially difficult for
institutional, let alone independent, monitors to access. As an illustration, the Working
Group’s own repeated requests to visit the temporary detention facility in Bishkek were not
granted.
31.
The Working Group encourages the Government to make a concerted effort to
ensure that the new legal guarantees on notification and registration are systematically
implemented in practice. This should include establishing a simple, accessible and effective
mechanism for quickly notifying families after an individual has been deprived of his or her
liberty. In addition, confessions obtained under torture or duress should not be admissible in
court proceedings in practice, which would help remove the incentive for carrying out
enforced disappearances of a short duration. The Working Group welcomes information
that some projects are under way, including a project to institute video registration in Osh
and Bishkek. It encourages further efforts, including to conduct additional training,
disseminate information and raise awareness on the relevant provisions, to extend video
registration and to systematically sanction all those responsible for not notifying families or
for falsifying registration records. All instances of deprivation of liberty must be registered
effectively and promptly from the moment of first apprehension. Moreover, appropriate
investigations into alleged abuses should be conducted without delay, with the objective of
bringing perpetrators to justice and providing commensurate compensation to the victims
and their families. In this regard, free legal aid for the victims of violations should be
considered.
32.
The Working Group encourages the Government to ensure that evidence obtained
under duress is not accepted during legal proceedings and to strengthen the monitoring
mechanisms in place to prevent such a practice, including by implementing the
recommendations made by the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment following its 2018 visit (CAT/OP/KGZ/2),
which would help remove the incentive for carrying out enforced disappearances of a short
duration.
33.
The Working Group welcomes the request made by the Government following its
visit for the Working Group to provide technical assistance in the form of training in
Kyrgyzstan for judges, prosecutors and lawyers on enforced disappearance. Due to the
coronavirus disease (COVID-19) situation, the provision of technical assistance, which was
originally planned for April 2020, has been delayed but will hopefully take place as soon as
circumstances permit.
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