A/HRC/20/12
due in part to the lack of trust on the part of human rights NGOs in the prosecutorial
authorities and the overall lack of strategic engagement by all parties, posing challenges to
the effective functioning of the public councils.
47.
Closed circuit television (CCTV) cameras have been installed in the temporary
police detention centres (IVS) in Jalal-Abad, and are also planned for the IVS in Osh. The
Prosecutor’s Office believes this will assist in preventing cases of torture and ill-treatment
of detainees. ROCA has advised the General Prosecutor that while CCTV can be an
additional measure to prevent torture, it is not a panacea for the human rights violations
observed in detention centres, given the potential ease with which the system can be
bypassed or disabled. Worse, it risks lending a measure of protection to law enforcement
officials if the CCTV system proves susceptible to tampering.
48.
In November 2011, ROCA supported a training seminar for lawyers and
representatives of the Ombudsman Institution on strategic litigation in torture cases. ROCA,
with the OSCE Centre in Bishkek, is also working with the General Prosecutor’s Office on
the design of a human rights training module, with a corresponding manual to reinforce the
training curriculum for prosecutors.
49.
ROCA/OMO supported the visit of the United Nations Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment in his visit to
Kyrgyzstan from 3-5 December 2011. The Special Rapporteur concluded that there is a
“serious lack of sufficiently speedy, meaningful, thorough and impartial investigations”
into allegations of torture and ill-treatment, as well as a lack of effective prosecution of law
enforcement officials, and that the use of torture is exacerbated by the reliance placed on
confessions in the judicial system.
50.
ROCA/OMO continue to ensure that individuals at risk are provided with
independent legal representation free of charge through a consolidated referral system with
local partners.
Trials
51.
In general, trials related to the June 2010 violence do not uphold basic fair trial
standards and judges have failed to respond to allegations that defendants confess to crimes
under duress, with such evidence being admitted in the judicial proceedings.
52.
Physical violence, intimidation and harassment targeting ethnic Uzbek defendants
and their lawyers continue to occur in trials related to the June 2010 violence, despite
measures taken by the authorities to increase security for such trials. Judges continue to fail
to use their powers to take disciplinary measures against individuals responsible for violent
assaults and intimidation inside court rooms, merely issuing verbal warnings. ROCA/OMO
observed only one case where legal action was taken, against an individual alleged to have
attacked lawyers in the court room.
53.
In 2011, the Supreme Court reviewed appeals related to the June 2010 violence, but
failed to provide a full assessment of fair trial violations, to address admissibility of
confessions as evidence or to reverse verdicts of lower courts where serious claims of fair
trial violations were raised.
54.
For instance, on 20 December 2011, the Supreme Court upheld the life sentence
handed down to human rights defender Mr. Azimjan Askarov (the case of Askarov et al) on
charges of organizing mass disorder and inciting inter-ethnic hatred in connection with the
June 2010 violence. However, his trials at lower courts had not met basic standards of fair
trial, with, inter alia, evidence of torture having been used by law enforcement bodies to
extract a confession.
10
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