The Pervomaisky District Court of Bishkek considered a claim of 51-year-old resident of Mailuu-Suu Roza Gorbaeva to recover compensation for discrimination and made a decision on payment of 50,000 soms. The Jalal-Abad human rights organization Spravedlivost (Justice) says.
The lawsuit was filed on the basis of the recognition of the fact of discrimination against the woman by the relevant UN Committee.
Roza Gorbaeva became the first woman from Kyrgyzstan who filed the complaint, and her case was the first in the republic on which the UN Committee issued a ruling.
The plaintiff had spent several years in the temporary detention facility for a crime, which, according to her, she did not commit, and was forced to confess to untruths under cruel torture. For more than three years, while the investigation and the courts were underway, she was kept in temporary detention facilities, although, according to the law, the term of detention in a temporary detention facility should not exceed 48 hours.
For three years, Roza Gorbaeva was kept in six temporary detention facilities in Mailuu-Suu, Tash-Kumyr, Jalal-Abad, Bazar-Korgon, Nooken and Batken.
According to the human rights organization, keeping of Gorbaeva in these temporary detention facilities «humiliated her human dignity, was tantamount to cruel, inhuman treatment and was of a discriminatory nature.»
The UN Committee on the Elimination of Discrimination against Women, recognizing the fact of discrimination against Roza Gorbaeva, demanded from the government of Kyrgyzstan to provide adequate compensation in accordance with the severity of the violated rights. The woman filed a lawsuit for 10 million soms. The court estimated the harm caused at only 50,000 soms, partially satisfying the claim.
«We welcome this decision in terms of the fact that the court has implemented the decision of the UN Committee. However, we categorically disagree with the amount of compensation, since it is incommensurate with the severity of violation of the rights — the court reduced the amount of compensation 200 times that we consider fair,» a lawyer Sardor Abdukhalilov representing the plaintiff’s interests said.
Roza Gorbaeva intends to appeal the decision of the District Court to a higher instance.
