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, 9

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