HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF KYRGYZSTAN'S INITIAL REPORT

Press Release
HR/CT/00/570

HUMAN RIGHTS COMMITTEE CONTINUES CONSIDERATION OF KYRGYZSTAN'S INITIAL REPORT

(Reissued as received)

The Human Rights Committee this afternoon continued its discussion on an initial report from the Government of Kyrgyzstan with the delegation saying that women were not enjoying their rights equally with their male counterparts.

In their responses to questions raised during the morning meeting, the members of the Kyrgyz delegation told Committee experts that Kyrgyz women had to go a long way to fill the gender gap existing in the country. The economy was the main factor playing a detrimental role against the equality of women.

During the discussion, the delegation responded to a number of questions pertaining to trafficking in women, definition of torture, pre-trial detention, detention of journalists and opposition leaders, and hosting of refugees, among other things.

As one of 145 States parties to the International Covenant on Civil and Political Rights, Kyrgyzstan is obligated to submit periodic summaries of its efforts to comply with the term of the treaty.

When the Committee reconvenes at 10 a.m on Tuesday, 12 July, it will finalize its consideration of the initial report of Kyrgyzstan,

Discussion

The members of the delegation of Kyrgyzstan affirmed that the concern of the experts on the situation of women was shared by them. The conditions in the country did not allow women to fully enjoy their rights. In order to reach the quality of life women enjoyed in Scandinavian countries, Kyrgyz women still had to go a long way to fill the existing gender gap. The country's economic situation was disadvantageous to women and thus played a detrimental role against them. The suggestion that quota system be introduced to allow women to have access to public and private functions was interesting.

Concerning the role played by the International Covenant on Civil and Political Rights within domestic law, the delegation said that the provisions of the treaty were invoked every day by the country's judges. The courts were implementing the provisions whenever the need arose to do so.

Responding to a question raised this morning by a Committee expert, the delegation admitted that in order to stay in their posts after the end of their terms, judges had to pay a big sum to ensure their re-appointment. The appointment of judges was made by the executive body, with the approval of the legislative, for a limited term. The situation might be changed in the near future to allow judges to be appointed for life.

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Coerced marriage existed in Kyrgyzstan because of tradition, the delegation said, adding that the law prohibited such acts, including polygamy. Parliament was planning to strengthen the prohibition of polygamy, with some male deputies reluctant to do so. However, the prohibition of polygamy in its written form was prompted by the Covenant.

Kyrgyzstan was the only central Asian country which had acceded to the 1951 Convention on Refugees and as such it had hosted refugees from Tajikistan, the delegation said. The refugees enjoyed all rights provided for by the Convention.

Trafficking in women, unfortunately, existed in the country with some women being deceived by individuals who took them out of the country for sexual exploitation and other purposes, such as labour exploitation, in some Arab countries, the delegation said.

The human rights commission of Kyrgyzstan was composed of 15 members representing all minorities in the country, the delegation said. The role of the commission was recommendatory in cases of human rights violations. The President of the country did not intervene in the work of the commission, although it functioned under his authority.

With regard to the absence of the definition of torture and the criminalization of its acts, the delegation said a draft law was being studied by parliament to bring domestic legislation in line with international standards.

A person in remand was kept in custody for at least 20 days, the delegation said. According to the new criminal procedural code, the prosecutor general could extend the detention period up to two months. A short term pre- trial detention was three days while the longest was two months in which time the person was investigated. Persons under detention were provided with medical treatment if they required it.

Recently, some journalists had been allowed access to persons on death row, the delegation said. The prisoners were not completely isolated without any visits; their families could visit them.

Concerning alternative military service, the delegation said such assignments were longer than military training. Members of registered religions were exempt from any military services.

An expert asked about the legal means through which an individual could lodge complaints concerning infringement of constitutional rights. The delegation indicated that any court was competent to receive such complaints and investigate the case.

In response to remaining written questions prepared by Committee experts in advance, the members of the Kyrgyz delegation said that in the last five years, the editor of a newspaper and a journalist were accused of slander based

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on false information. Both were sentenced to one-and-a-half-years of imprisonment for slander and insult, plus a fine. A journalist of "Atikat" who wrote that a judge had received money had been convicted and was serving a two- year sentence. In another development, the editor of a regional television station had been taken to court in connection to biased reporting on the election process. However, except for individual incidents, no newspaper or television station had been closed by the authorities.

A question was asked about the law and practice with regard to the control of demonstrations and meetings, to which the delegation said the law ensured to all citizens the right to conduct peaceful meetings and public demonstrations. The authorities could not prevent any assembly except in the event when the situation might threaten social safety or public order.

Concerning the arrest of the leader of the People's Party and refusal to register two opposition parties in the context of the 2000 electoral campaign, the delegation said that criminal liability was labelled against the leader and that he was actually serving a suspended sentence. The two opposition parties were not allowed to register because of the forged documents they submitted for the purpose of registration.

Kyrgyzstan was a multi-ethnic State with an ethnically complex population comprising several groups of considerable size, the delegation said. The population included over 80 nationalities and the Republic guaranteed the preservation, equality and unrestricted development and functioning of all languages used by its population. All minorities fully enjoyed their rights to vote and to stand for election.

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