Summary 

The Working Group conducted a visit to Kyrgyzstan from 25 to 30 June 2019. The Government of Kyrgyzstan has made significant legislative improvements in the protection against enforced disappearance in recent years. In particular, the introduction of the new crime of enforced disappearance and legislative changes improving the notification and registration requirements during initial apprehension and detention are positive developments.

However, despite these measures and the statements made by the country’s leadership about there being strong political will and about robust action being taken to counter enforced disappearance and torture, substantive changes in practice are still lacking. A concerted effort is needed, in particular, to eradicate the widespread problem of enforced disappearance of short duration following the initial apprehension of suspects, as now defined in the Code of Criminal Procedure.

Adherence to the principle of non-refoulement is important for strengthening protection against enforced disappearance. The Working Group on Enforced or Involuntary Disappearances reiterates the need to ensure that the principle is enshrined in Kyrgyz legislation and implemented in practice and that no individual is expelled, returned or extradited to a State where there are substantial grounds to believe that he or she may be at risk of enforced disappearance.

Moreover, there continues to be a small number of individuals missing and of bodies pending identification in relation to the inter-ethnic violence that broke out in the southern provinces in 2010. The Working Group encourages the Government to undertake further efforts to resolve these cases and to fully address the consequences of the events.

Going forward, Kyrgyzstan has an opportunity to take a few more steps to ensure full protection from enforced disappearance. In particular, prompt ratification of the International Convention for the Protection of All Persons from Enforced Disappearance would help cement the progress made. The Working Group reiterates its willingness to assist the Government of Kyrgyzstan in closing the few remaining gaps to ensure fuller protection against enforced disappearance in the country.