Jurist Kyrgyzstan undermines human rights with closure of torture prevention body, UN report

[Dadparvar]

United Nations (UN) Human Rights Chief Volker Türk on Wednesday condemned Kyrgyzstan’s dissolution of its National Center for the Prevention of Torture (NCPT), warning that the country’s new legislation constitutes a breach of its international legal commitments under the UN Optional Protocol to the Convention against Torture (OPCAT).

In Wednesday’s statement, Türk explained his concerns:

The decision to abolish the independent torture prevention monitoring body and give its mandate to the Ombudsperson’s Institute, which is not yet fully independent, flies in the face of Kyrgyzstan’s human rights obligations … I urge the authorities to take urgent steps to ensure there is no interruption in torture prevention monitoring; that a new structure within the Ombudsperson’s Institute is set up in line with Kyrgyzstan’s treaty obligations; and that it is functionally, operationally, and financially independent, including through a sufficient, ring-fenced budget.

Türk went on to emphasize that the NCPT was the only independent national human rights institution in Central Asia that meets international standards. International legal precedent established under OPCAT requires National Preventive Mechanisms (NPMs) for torture prevention to operate with functional, operational, and financial independence. Türk warns that Kyrgyzstan’s new structure fails these legal standards, potentially undermining the country’s compliance with its ratified treaty obligations since joining OPCAT in 2008. The UN Subcommittee on Prevention of Torture previously warned that merging the NCPT with the Ombudsperson’s office would fail to meet the Paris Principles for independent national human rights institutions. This was also criticized by right organizations.

Kyrgyz president Sadyr Japarov signed legislation on September 23 that mandates the closure of the NCPT and transfers its functions to the Ombudsperson’s office. The move violates Kyrgyzstan’s OPCAT obligations, which legally require states to establish and maintain independent NPMs, as the Ombudsperson’s office does not maintain full independence from executive oversight.

This marks the latest controversy surrounding Kyrgyzstan. Rights groups expressed widespread condemnation after two Kyrgyz journalists were jailed last week. This follows new amendments added to the Kyrgyz Code in July, which impose administrative penalties on individuals and entities that publish false or unreliable information.

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