Kyrgyzstan: now victims of torture can defend their rights in the Supreme Court
On February 17, a meeting of the Constitutional Chamber of Kyrgyzstan was held to consider an application of a lawyer from “One World (Bir Duino)” concerning the recognition of part 3 of article 430 of the Criminal Procedure Code as contrary to the Constitution.
According to part 3 of article 430 of the Criminal Procedure Code, it’s impossible to appeal to the Supreme Court against the decisions and rulings of the courts of first and second instance. In cases of torture and cruel treatment, such restrictions in advocacy entail violations of citizens’ constitutional rights, including the right to personal integrity and the right to access to justice.
“The Constitutional Chamber of Kyrgyzstan agreed with the arguments of the lawyers and recognized that part 3 of article 430 of the Criminal Procedure Code of Kyrgyzstan contradicts paragraph 1 of part 2, 3, 4, paragraph 1, 8 of part 5, article 20 and article 40 of the Constitution. Thus, victims of torture will henceforth be able to defend their rights in the Supreme Court of the Kyrgyz Republic. This is a significant step forward in the work of the human rights community,” the human rights defenders say.
Activists call for more active use of the mechanism of appeal to the Constitutional Chamber of the Kyrgyz Republic in order to amend the national legislation.
