To the Government of Kyrgyzstan
- Publicly acknowledge the scope and gravity
of the problem of police violence and extortion against gay and bisexual people
in Kyrgyzstan, and commit to taking all necessary steps to end these abuses.
- Continue to issue and widely publicize
high-level directives stating that acts of torture, other forms of
ill-treatment, and extortion by law enforcement officials will not be
tolerated, that reports of police abuse will be promptly and thoroughly
investigated, and that those found responsible will be held to account. The
directives should highlight the particular problem of police abuse targeting
minorities and other vulnerable groups, including gay and bisexual people.
- Direct the general prosecutor’s office
to fulfill its responsibility under Kyrgyz law to investigate in a thorough,
impartial, and timely manner all allegations of torture and other abuse involving
law enforcement officials, regardless of rank and whether the victim has filed
a formal complaint.
- Ensure that victims of torture or ill-treatment can receive
appropriate compensation and rehabilitation from the government in
accordance with Kyrgyz law.
- Engage with lesbian, gay, bisexual, and
transgender (LGBT) rights groups in Kyrgyzstan to develop law enforcement and
prosecutor’s office training programs on human rights, LGBT rights, and
nondiscrimination; rights awareness-raising campaigns among gay and bisexual
men and others; and other measures to prevent and remedy police abuse against
gay and bisexual people.
- Ensure that the National Center for
Prevention of Torture and other torture prevention measures include an
effective mechanism in place for receiving complaints from victims of abuse who
are not in detention, including LGBT people and members of other vulnerable
groups who require their personal information to be kept confidential.
- Ensure that the staff of the National Center
for Prevention of Torture and other torture prevention institutions engage with
LGBT rights groups and receive training about LGBT rights and nondiscrimination.
- Examine, in consultation with the ombudsman
for human rights, civil society, and the Office for Security and Co-operation
in Europe (OSCE) whether the Office of the Ombudsman could, if appropriately
mandated and resourced, take on the role of an independent national police
To the Ministry of Internal
- State publicly that the Ministry of Internal
Affairs deplores and will no longer tolerate torture, ill-treatment, and
extortion by police and that it will punish all those responsible. Highlight
the particular problem of police abuse of gay and bisexual people.
- Ensure that when allegations of torture,
ill-treatment, or other misconduct are made against a police officer, the
officer is suspended pending an investigation. In addition, the unit to which
the officer belongs should be immediately excluded from any role in conducting
the police investigation of the incident beyond that of providing witness
statements. Authority should be immediately handed over to the prosecutor.
- Discipline or prosecute superior officers
who know, or who should have known, about such acts and failed to act to
prevent and punish them.
- Inform victims about the results of internal
investigations and disciplinary measures and publish statistics on the outcomes
of investigations and prosecutions to show that the ministry will not tolerate
- Ensure that all members of law enforcement
agencies are identifiable through name and rank tags on their uniforms.
- Ensure that all law enforcement officers
comply with and implement laws on policing, including with regard to length of
detention, registering detainees, and other procedures and protections for
- Combat the practice of failing to register
detentions by ensuring that surveillance devices are installed and hold
officers to account for failing to properly complete arrest protocols, as
recommended in the 2012 report on Kyrgyzstan by the United Nations special rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment.
To the General Prosecutor’s Office
- Investigate promptly and impartially all
allegations of torture, ill-treatment, extortion, and other abuse by police and
other law enforcement officials, and prosecute to the fullest extent of the law
any official found responsible for ordering, carrying out, or acquiescing to
torture or ill-treatment.
- Facilitate reporting of abuse by ensuring
that victims who file complaints, including gay and bisexual men, are
guaranteed confidentiality and respect for their right to privacy.
- Ensure that every investigation is conducted
promptly and impartially and that prosecutors investigate all those
responsible, including superiors.
- Ensure prompt and independent forensic
medical examinations of detainees who allege that they have been subjected to
torture and other abuse.
- Establish a separate investigative body
directly under the prosecutor general that would investigate allegations of
crimes committed by police and other law enforcement officers, including
torture, ill-treatment, unacknowledged or arbitrary detention, extortion, and
- Appoint and train liaison officers within each local
prosecutor’s office who could serve as point persons for LGBT people
and other vulnerable groups who suffer abuse at the hands of the police.
To the Ministry of Justice
- Review compliance of national legislation
with provisions of the International Covenant on Civil and Political Rights (ICCPR)
on nondiscrimination, in particular with regard to women and persons of
minority ethnicity, sexual orientation, or gender identity, in line with
recommendations made under the UN Human Rights Council’s Universal
To the Office of the
- Receive and investigate human rights complaints
by LGBT people against the police on a confidential basis.
To the National Center for Prevention of Torture
- Focus torture and ill-treatment monitoring
efforts on vulnerable groups including LGBT people and investigate on a
confidential basis all complaints of ill-treatment and torture, including
against LGBT people, irrespective of whether they are in detention or at
To LGBT Rights Organizations
- Urgently develop programs addressing police
abuse of gay and bisexual men, including by providing rights-awareness
trainings and materials and services to victims of police abuse, including
legal and psychological support.
- Engage with other human rights groups,
relevant government institutions, and international organizations in these
types of programs.
- Raise awareness among LGBT communities about
police abuse, individuals’ rights under Kyrgyz and international law, and
mechanisms for reporting police abuse.
To Human Rights Organizations
in Kyrgyzstan Working on Police Reform, Torture, and Related Issues
- Engage with and support LGBT organizations
in documenting cases of extortion, harassment, arrest, arbitrary detention,
ill-treatment, torture, and sexual violence against gay and bisexual men by police,
and provide legal and other services to gay and bisexual men who are victims of
- Include the problem of police torture,
ill-treatment, and extortion of gay and bisexual men on the agenda of pressing
issues to discuss with Kyrgyz government officials, international organizations,
and partner organizations.
To Domestic and
International Nongovernmental Organizations (NGOs) and International
Organizations Working on HIV Prevention
- Include police abuse against vulnerable
groups, including gay and bisexual men, among priority issues for programming
- Actively involve LGBT rights organizations
in human rights and LGBT rights trainings and advocacy efforts with law
enforcement officials, judges, and prosecutors.
To the Organization for Security
and Co-operation in Europe
- In consultation with LGBT rights groups,
include LGBT rights as an integral part of police reform and training programs
supported by the OSCE in Kyrgyzstan.
- Continue to prioritize prevention of police
abuse in police reform programming in Kyrgyzstan, and ensure that OSCE-funded
programs include clear timelines and benchmarks for eliminating police abuse.
- Communicate to senior officials within the
Ministry of Internal Affairs and other government officials the need for public
declarations of a policy of zero tolerance for police abuse, including against
gay and bisexual men.
To the Governments of the United
States, the European Union, and Individual EU Member States
- Publicly condemn police acts of violence
against gay and bisexual men and raise this issue in routine and high-level
meetings with relevant government counterparts.
- Make available financial and other support
to LGBT rights and other human rights organizations in providing legal,
psychological, and other services to gay and bisexual men who have been victims
of police abuse.
- In line with the June 2013 EU guidelines to
promote and protect the enjoyment of all human rights by lesbian, gay,
bisexual, transgender and intersex (LGBTI) persons, contribute to combating any
form of anti-LGBTI violence by seeking assistance and redress for victims of
such violence and by supporting civil society and governmental initiatives to
monitor cases of violence, and by educating law enforcement personnel.
- Include issues of nondiscrimination,
including on the grounds of sexual orientation and gender identity, in legal
trainings conducted as part of the EU Central Asia Rule of Law Initiative.
To the United Nations Office of the High Commissioner
for Human Rights (OHCHR)
- Include LGBT rights among the priority
issues to be addressed by the Regional Office for Central Asia, in line with
the OHCHR “Free and Equal” campaign launched in July 2013, which “aims to raise awareness of homophobic and
transphobic violence and discrimination, and encourage greater respect for the
rights of LGBT people.”
- Engage with the government of
Kyrgyzstan to develop amendments to ensure all relevant national legislation
concerning torture and nondiscrimination is consistent with international human
rights standards, including on LGBT rights, as identified by UN treaty
monitoring bodies and other UN mechanisms.
- Publicly show support for and meet regularly
with LGBT rights groups and take into consideration LGBT rights groups’
recommendations concerning government policies and other issues. Involve LGBT
rights groups in OHCHR-facilitated civil society coalitions.