Expert support to the National Center for Prevention of Torture (NCPT) of the Kyrgyz Republic

B

Family Type (not applicable for home-based)

Family

Staff Member / Affiliate Type

CONS Local

Target Start Date

2024-01-15

Job Posting End Date

December 20, 2023

Terms of Reference

The duration of assignment is 3 months.

Project details: Harmonization of national legal and international standards related to extradition and expulsion, creation of Methodology for assessing the risk of torture in case of extradition or expulsion of a person to a foreign country, development of a regulation (procedure) for the National Center for Prevention of Torture and the General Prosecutor’s Office to determine the possibility of torture in the requesting state in case of extradition or expulsion, improvement of legislation on extradition and expulsion of foreign nationals, taking into account the right to asylum and the principle of non-refoulement.

Purpose of project: To provide support to the National Center for Prevention of Torture and the General Prosecutor’s Office in their efforts to establish a comprehensive and transparent Methodology for assessing the risk of torture in case of extradition of a person to a foreign country, provide support to the Ministry of Interior to improve legislation and their internal procedures on the expulsion of foreigners.

General Background of Project or Assignment:

The project or assignment is rooted in the fundamental principle of non-refoulement, which is enshrined in both the national legislation of the Kyrgyz Republic and various international treaties to which the Kyrgyz Republic is a party. These treaties include the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1951), the Convention relating to the Status of Refugees of 1951, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (CAT). Align national birth registration legislation with international standards to ensure registration of birth of every child born in the Kyrgyz Republic.

According to the Criminal Procedure Code of the Kyrgyz Republic (Article 532), extradition of a person shall not be allowed if there are grounds to believe that the person may be in danger of being subjected to torture in the State that requests extradition. This is a principle consistent with the principle of non-extradition on the ground of fear of torture (non-refoulement), which is also part of international norms and treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) referred to in the previous request. This principle aims to protect human rights against torture or ill-treatment when extradited to other countries.

Recent observations from authoritative bodies, including the Committee against Torture in December 2021 and the UN Human Rights Committee in November 2022, have emphasized the importance of the Kyrgyz Republic adhering to the principle of non-refoulement. The UN Human Rights Committee, following its review of the third periodic report of the Kyrgyz Republic on the implementation of the ICCPR, issued Concluding Observations in November 2022. These observations recommended that the Kyrgyz Republic strictly enforce the absolute prohibition of refoulement under articles 6 and 7 of the Covenant. Furthermore, the Committee urged the Kyrgyz Republic to exercise utmost care in evaluating diplomatic assurances, and to ensure that appropriate, effective, and independent post-transfer monitoring of individuals who are transferred pursuant to diplomatic assurances is in place. The Committee also advised against relying on such assurances when the State party is unable to effectively monitor the treatment of such individuals after their extradition, expulsion, transfer, or return to other countries.

In accordance with the UNHCR Note on Diplomatic Assurances and International Refugee Protection, the expelling State must take into consideration various factors when determining the weight to be given to diplomatic assurances. These factors include the extent and nature of the risk to the individual, the source of the threat to the individual, and the likelihood of effective implementation of the safeguards. This assessment depends on whether the accepted obligation is binding on the governmental authorities responsible for applying certain measures or protections, and whether the authorities of the host State are capable of ensuring compliance.

The legal consultant should possess the following qualifications and experience:

• A degree in law or a related field.
• Experience in and knowledge of legislation on in matters related to extradition, combating torture, non-refoulement and human rights protection. (drafting of laws and regulations, legal advice);
• Knowledge of the legislation of the Kyrgyz Republic in the field of protection of human rights.
• Strong research and analytical skills, with the ability to collect, process, and analyze qualitative and quantitative data.
• Excellent oral and written communication skills, with the ability to write and negotiate effectively.
• Good negotiation skills proven by previous experience.
• Fluency in English, Russian and Kyrgyz, including written and spoken proficiency.

Standard Job Description

Required Languages

Russian

,

English

,

Desired Languages

Kyrgyz

,

,

Skills

Additional Qualifications

Analytical Thinking, Communication, DM-Qualitative data analysis, Human Rights, Legal Consulting, Quantitative Data, Researching

Education

Bachelor of Arts (BA): Law, Masters of Arts (MA): Human Rights Law

Certifications

Work Experience

Legal

Other Information

This position doesn’t require a functional clearance