According to the human rights organization “Spravedlivost” [“Justice”] (part of the Coalition against Torture of Kyrgyzstan), the Committee on the Elimination of Discrimination against Women admitted that the Kyrgyz Republic had violated the Convention on the Elimination of All Forms of Discrimination against 51-year-old Roza Gorbaeva. This is an unprecedented case for the republic when discrimination against women is recognized at the international level.
During more than three years, Roza Gorbaeva changed six temporary detention facilities – in Jalal-Abad, Tash-Kumyr, Mailuu-Suu, Bazar-Korgon, Nooken and Batken. While the investigation and trial of the crime, in which the woman was accused, were underway, she was kept in inhuman conditions. Although, according to the law, the term of detention in a temporary detention facility should not exceed 48 hours.
The staff of the temporary detention center are men who subjected Gorbaeva to discrimination on the basis of gender. She was forced to shower and dress in the presence of men.
The cell of Rosa was 2×3 meters. Inside this tiny room there was an unenclosed bathroom unit. That is, the prisoners ate, drank, relieved themselves in the same room.
Despite all these difficulties, with the help of the lawyers of the human rights organization of Jalal-Abad “Spravedlivost”, she applied to the UN Committee on the Elimination of Discrimination against Women.
On December 1, 2020, the UN Committee ruled on this complaint. CEDAW indicated that Kyrgyzstan had failed to fulfill its obligations under nine articles of the Convention by violating the rights of women in prison.
The Committee demanded that the Kyrgyz government provide Gorbaeva with adequate compensation. In addition, the Committee made several recommendations in order to eliminate discrimination against women in places of detention.
Here are some of them:
– to provide the victim with adequate compensation for harm, including proportionate financial compensation;
– to ensure the physical and psychological safety of women prisoners, including adequate facilities and materials to meet the special hygiene needs of women;
– to ensure that women prisoners have access to gender-sensitive health care;
– to ensure effective investigation of women prisoners’ claims concerning discriminatory, cruel or degrading treatment, and the prosecution and appropriate punishment of those responsible;
– to ensure the protection of women prisoners against all forms of abuse, including gender-based abuse; and to ensure that properly trained female staff members inspect and supervise women prisoners.
The lawyer of “Spravedlivost” Sardor Abdukhalilov told ACCA about what human rights defenders expect from the state in connection with the decision of the Committee on the Elimination of Discrimination against Women.
“Now the government must inform the Committee about what actions or measures will be taken in response to its decision. The detention of Gorbaeva in these temporary detention facilities humiliated her human dignity and was equal to cruel, inhuman treatment of a discriminatory nature. We hope that the government will take into account and take into consideration all the recommendations of the Committee, including adequate and timely payment of cash indemnity to the victim Roza Gorbaeva. She should also be rehabilitated,” the lawyer said.
He said that Gorbaeva is currently trying to arrange her life at large.
“She had a temporary job – she looked after one old woman, for that she was paid $ 2.3 (200 KGS) per day. Now, as far as I know, she was offered a job as a household manager in one of the schools in the town of Mailuu-Suu,” said the human rights activist.
He explained that the recovery of compensation for Roza Gorbaeva will be carried out on the basis of a statement of claim to court.
“In addition, now I am preparing an appeal addressed to acting Prime Minister of the Kyrgyz Republic Artem Novikov. As the head of government, he must answer the question of how the general considerations of the UN Committee on the elimination of discrimination against women in general will be implemented. This applies, in particular, to the peculiarities of women being held in custody and in other closed institutions. We want to know whether it is planned to train personnel, whether the state plans to somehow change its policy in this regard,” Sardor Abdukhalilov said.
REFERENCE:
The Committee on the Elimination of Discrimination against Women (CEDAW) is a body of independent experts who are monitoring the implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the member states. The Kyrgyz Republic ratified the optional protocol in 2002. This means that every woman, whose rights have been violated, can turn to the Committee for an objective assessment of the state’s actions.
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