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17 November 1999
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HR/CAT/99/40
17 November 1999
COMMITTEE AGAINST TORTURE MAKES RECOMMENDATIONS TO AZERBAIJAN
Kyrgyzstan Responds To Committee Questions
The Committee against Torture this afternoon welcomed steps taken by Azerbaijan to further the protection of human rights there, and, in noting its concern about numerous reported acts of torture in the Republic, recommended that all efforts be made to prevent the crime of torture.
The Committee noted with satisfaction that several measures had been taken to ensure human rights, particularly as they related to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, including efforts to improve conditions in prisons.
The Committee expressed concern about the absence of a definition of torture as provided under the Convention, and an apparent failure to provide full and prompt investigations into allegations of torture. Its recommendations included the establishment of measures that would prevent perpetrators of torture from enjoying impunity.
Also this afternoon, a Government delegation from Kyrgyzstan returned with answers to questions asked by Committee Experts yesterday. Mr. A. Sharshenaliev, Prosecutor-General of the Kyrgyz Republic, said evidence obtained through violations of the law were not permissible as the basis of a court decision or sentence and, as such, had no legal force. It did occur occasionally in individual cases, he said, but it was not the norm.
The delegation also spoke about the role of the procurator and terms of appointment; the process of electing judges and their tenure; the maximum length of time a person may be detained before being tried; the selection and training of prison officials and medical officers; and conditions for applying the amnesty laws. The delegation presented statistics regarding the number of violations that had occurred in prisons and isolation centres.
Peter Burns, rapporteur to the Kyrgyzstan report, said he welcomed the responses and was most pleased to learn about the role of the National Commission for Human Rights.
The Committee will return to public session on Thursday, 18 November at 3 p.m., where it will present its conclusions and recommendations to Kyrgyzstan.
Conclusions and Recommendations on the Report of Azerbaijan
The Committee said it welcomed the initial report of Azerbaijan, which was submitted nearly on time, and in full conformity with the Committee's guidelines for the preparation of initial reports. The Committee also welcomed the open dialogue with the highly qualified representatives of the State party.
The Committee noted with satisfaction the following: ongoing efforts to establish a legal framework based on universal human values to safeguard fundamental human rights, including the freedom from torture; important efforts made to provide relevant selection criteria and methods for the training and education on the prohibition of torture to law enforcement and medical personnel; the noticeable decrease of arrested persons in recent years; efforts to improve the conditions in prisons; information given by the delegation of the State party as to the right of access to legal counsel from the moment of arrest, and the empowerment of the Courts to sanction such arrests; the State party's willingness to closely cooperate with international and regional bodies, such as the Office of the United Nations High Commissioner for Human Rights, the Council of Europe and OSCE, as well as with international and national non-governmental organizations.
Taking note of the transitional problems currently faced by the State party, as well as of the difficult political situation prevailing in parts of its territory, the Committee expressed concern about the following: the absence of a definition of torture, as provided for by the Convention; the numerous and continuing reports of allegations of torture and other cruel, inhuman and degrading treatment and punishment committed by law enforcement personnel; the apparent failure to a provide prompt, impartial and full investigation into numerous allegations of torture that were reported to the Committee, as well as the failure to prosecute, where appropriate, the alleged perpetrators; the absence of guarantees for independence of the legal profession, particularly with reference to the judiciary, appointed to a limited renewable term of years; the use of amnesty laws that might extend to the crime of torture.
The Committee recommended: the State party fulfil its intention to incorporate adequate penal provisions to make torture as defined by the Convention; in view of the numerous reports of allegations of torture and ill-treatment by law enforcement personnel, the State party should take all necessary effective steps to prevent the crime of torture and other acts of cruel, inhuman or degrading treatment or punishment; in order to ensure that perpetrators of torture do not enjoy impunity, the State party should ensure the investigation and, where appropriate, the prosecution of those accused of having committed the crime of torture, and ensure amnesty laws exclude torture from their reach; the State party should consider repealing laws which may undermine the independence of the judiciary, such as the provisions relating to renewable term appointments; the State party is called upon to consider making the declarations under Articles 21 and 22 of the Convention.
Response from Kyrgyzstan
MR. A. SHARSHENALIEV, Prosecutor-General of the Kyrgyz Republic, said responsibility for torture was not found in the criminal code, but there were other articles in the criminal code addressing the use of coercion to testify. This offense was punishable by imprisonment for up to two years. He also noted the circumstances under which the code of criminal procedure provided for the death penalty.
Evidence obtained through violations of the law, he said, was not permissible as the basis of a court decision or sentence and, as such, had no legal force. Individual violations did occur, but that was not the norm. Concerning the role of the procurator in the court trials, the new criminal court procedure stated the procurator was in the same procedural position as all other participants -- that is, with no presiding role.
Mr. Sharshenaliev, describing the process of electing judges, said they were elected for a period of 15 years. The Procurator-General was appointed for a period of seven years by Parliamentary Agreement. The appointment was made by the President of the Republic, but the Parliament must agree. Those aged up to 65 may be appointed. In a local district, a procurator may be appointed for up to five years -- these appointments were made by the Procurator-General.
He said a person could not be held in pre-trial detention for a period longer than one year. In answering a question about possible amnesty for torturers, he said amnesty could be applied, depending on the seriousness of the crime. If the period of imprisonment exceeded five years, it did not apply.
Another delegate said every person arrested was given medical treatment before being detained. Any evidence of violence would result in an investigation by the Ministry of Internal Affairs, if deemed appropriate.There were inspections of isolation centres for detainees.
Violations of procedures in prison camps and isolation centres had occurred, he said. The Ministry of Internal Affairs had punished abusers of the law. More than 3,000 people had been disciplined for violations, about 600 of them had been dismissed, and about 30 people had been convicted this year. There were efforts underway to make structural improvements to these institutions.
The delegation also said a national institute of an Ombudsman will be established in 2000.
The delegation also presented evidence of the impartiality of its National Commission for Human Rights. Its members composed of 15 different nationalities, and in the near future, would join efforts to adopt the definition of torture into Kyrgyzstan's criminal code. Physicians and human rights workers would undertake an intensified effort to improve the conditions in prisons, and that issue would be discussed at the next session of the Commission on Human Rights.
Discussion
PETER BURNS, the rapporteur to the report, said he was extremely interested to hear about the National Commission for Human Rights and to learn about its work and its intentions.
HR/CAT/99/40
17 November 1999
COMMITTEE AGAINST TORTURE MAKES RECOMMENDATIONS TO AZERBAIJAN
Kyrgyzstan Responds To Committee Questions
The Committee against Torture this afternoon welcomed steps taken by Azerbaijan to further the protection of human rights there, and, in noting its concern about numerous reported acts of torture in the Republic, recommended that all efforts be made to prevent the crime of torture.
The Committee noted with satisfaction that several measures had been taken to ensure human rights, particularly as they related to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, including efforts to improve conditions in prisons.
The Committee expressed concern about the absence of a definition of torture as provided under the Convention, and an apparent failure to provide full and prompt investigations into allegations of torture. Its recommendations included the establishment of measures that would prevent perpetrators of torture from enjoying impunity.
Also this afternoon, a Government delegation from Kyrgyzstan returned with answers to questions asked by Committee Experts yesterday. Mr. A. Sharshenaliev, Prosecutor-General of the Kyrgyz Republic, said evidence obtained through violations of the law were not permissible as the basis of a court decision or sentence and, as such, had no legal force. It did occur occasionally in individual cases, he said, but it was not the norm.
The delegation also spoke about the role of the procurator and terms of appointment; the process of electing judges and their tenure; the maximum length of time a person may be detained before being tried; the selection and training of prison officials and medical officers; and conditions for applying the amnesty laws. The delegation presented statistics regarding the number of violations that had occurred in prisons and isolation centres.
Peter Burns, rapporteur to the Kyrgyzstan report, said he welcomed the responses and was most pleased to learn about the role of the National Commission for Human Rights.
The Committee will return to public session on Thursday, 18 November at 3 p.m., where it will present its conclusions and recommendations to Kyrgyzstan.
Conclusions and Recommendations on the Report of Azerbaijan
The Committee said it welcomed the initial report of Azerbaijan, which was submitted nearly on time, and in full conformity with the Committee's guidelines for the preparation of initial reports. The Committee also welcomed the open dialogue with the highly qualified representatives of the State party.
The Committee noted with satisfaction the following: ongoing efforts to establish a legal framework based on universal human values to safeguard fundamental human rights, including the freedom from torture; important efforts made to provide relevant selection criteria and methods for the training and education on the prohibition of torture to law enforcement and medical personnel; the noticeable decrease of arrested persons in recent years; efforts to improve the conditions in prisons; information given by the delegation of the State party as to the right of access to legal counsel from the moment of arrest, and the empowerment of the Courts to sanction such arrests; the State party's willingness to closely cooperate with international and regional bodies, such as the Office of the United Nations High Commissioner for Human Rights, the Council of Europe and OSCE, as well as with international and national non-governmental organizations.
Taking note of the transitional problems currently faced by the State party, as well as of the difficult political situation prevailing in parts of its territory, the Committee expressed concern about the following: the absence of a definition of torture, as provided for by the Convention; the numerous and continuing reports of allegations of torture and other cruel, inhuman and degrading treatment and punishment committed by law enforcement personnel; the apparent failure to a provide prompt, impartial and full investigation into numerous allegations of torture that were reported to the Committee, as well as the failure to prosecute, where appropriate, the alleged perpetrators; the absence of guarantees for independence of the legal profession, particularly with reference to the judiciary, appointed to a limited renewable term of years; the use of amnesty laws that might extend to the crime of torture.
The Committee recommended: the State party fulfil its intention to incorporate adequate penal provisions to make torture as defined by the Convention; in view of the numerous reports of allegations of torture and ill-treatment by law enforcement personnel, the State party should take all necessary effective steps to prevent the crime of torture and other acts of cruel, inhuman or degrading treatment or punishment; in order to ensure that perpetrators of torture do not enjoy impunity, the State party should ensure the investigation and, where appropriate, the prosecution of those accused of having committed the crime of torture, and ensure amnesty laws exclude torture from their reach; the State party should consider repealing laws which may undermine the independence of the judiciary, such as the provisions relating to renewable term appointments; the State party is called upon to consider making the declarations under Articles 21 and 22 of the Convention.
Response from Kyrgyzstan
MR. A. SHARSHENALIEV, Prosecutor-General of the Kyrgyz Republic, said responsibility for torture was not found in the criminal code, but there were other articles in the criminal code addressing the use of coercion to testify. This offense was punishable by imprisonment for up to two years. He also noted the circumstances under which the code of criminal procedure provided for the death penalty.
Evidence obtained through violations of the law, he said, was not permissible as the basis of a court decision or sentence and, as such, had no legal force. Individual violations did occur, but that was not the norm. Concerning the role of the procurator in the court trials, the new criminal court procedure stated the procurator was in the same procedural position as all other participants -- that is, with no presiding role.
Mr. Sharshenaliev, describing the process of electing judges, said they were elected for a period of 15 years. The Procurator-General was appointed for a period of seven years by Parliamentary Agreement. The appointment was made by the President of the Republic, but the Parliament must agree. Those aged up to 65 may be appointed. In a local district, a procurator may be appointed for up to five years -- these appointments were made by the Procurator-General.
He said a person could not be held in pre-trial detention for a period longer than one year. In answering a question about possible amnesty for torturers, he said amnesty could be applied, depending on the seriousness of the crime. If the period of imprisonment exceeded five years, it did not apply.
Another delegate said every person arrested was given medical treatment before being detained. Any evidence of violence would result in an investigation by the Ministry of Internal Affairs, if deemed appropriate.There were inspections of isolation centres for detainees.
Violations of procedures in prison camps and isolation centres had occurred, he said. The Ministry of Internal Affairs had punished abusers of the law. More than 3,000 people had been disciplined for violations, about 600 of them had been dismissed, and about 30 people had been convicted this year. There were efforts underway to make structural improvements to these institutions.
The delegation also said a national institute of an Ombudsman will be established in 2000.
The delegation also presented evidence of the impartiality of its National Commission for Human Rights. Its members composed of 15 different nationalities, and in the near future, would join efforts to adopt the definition of torture into Kyrgyzstan's criminal code. Physicians and human rights workers would undertake an intensified effort to improve the conditions in prisons, and that issue would be discussed at the next session of the Commission on Human Rights.
Discussion
PETER BURNS, the rapporteur to the report, said he was extremely interested to hear about the National Commission for Human Rights and to learn about its work and its intentions.