UNESCO - United Nations Educational, Scientific and Cultural Organization

11/08/2024 | News release | Distributed by Public on 11/08/2024 17:22

National Round Table on the role of forensic examination in cases related to fundamental freedoms held in Bishkek

The roundtable participants focused on enhancing legislation and law enforcement practices related to freedom of expression and peaceful assembly. Key recommendations included: 1) Improving Forensic Examination Quality: Emphasizing the need for high-quality forensic examinations and better methodologies used by experts. 2)Implementing the UN Rabat Plan of Action: Advocating for the application of the 6-part test from the UN Rabat Plan of Action to balance freedom of expression with prohibitions against incitement to violence, discrimination, and hostility. 3)Forensic Examinations in pre-Investigation Stages: Stressing the importance of conducting forensic examinations early in the investigative process. 4)Revising Criminal Code Articles: Calling for a review of the Criminal Code, specifically regarding articles on incitement of hostility and calls for mass riots, to align them with international human rights standards.

  • Meergul Bobukeeva, judge of the Constitutional Court of the Kyrgyz Republic, emphasized that the integrity of court decisions and citizens' trust in the legal system are significantly influenced by high-quality and independent expert conclusions. This underscores the crucial role that reliable expert assessments play in ensuring fairness and enhancing public confidence in judicial processes.

  • Ms. Bogner UN Human Rights Office in Central Asia (OHCHR) in Central Asia highlighted: "The UN Human Rights Office has observed an over-reliance on linguistic and other forensic evidence in trials related to fundamental freedoms, questions regarding the independence of experts, a lack of equality of arms- where the prosecution and law enforcement bodies control the scope of the expert evidence and choice of experts and often defense expert evidence is not fully admissible or simply not taken into account by judges and prosecutors."

  • The speech of the Amir Piric, Director, UNESCO Almaty Regional Office was aimed at urging governmental partners to prioritize the Rabat Plan of Action and adhere to international standards regarding freedom of expression, particularly the provisions of Articles 19 and 20 of the International Covenant on Civil and Political Rights. These binding articles underscore the significance of protecting free expression while simultaneously addressing the necessity of preventing hate speech and incitement to violence.

The National Round Table served as a platform for dialogue, bringing together a diverse group of stakeholders, including representatives from government agencies, human rights defenders, lawyers, media professionals, academic institutions, and both national and international experts. This collaborative environment facilitated meaningful discussions on key issues related to freedom of expression, hate speech, and the role of various sectors in addressing these challenges.

National round table was part of the project "Strengthening National Capacity in Peacebuilding and Civil Society Engagement," which is implemented by UNESCO in collaboration with UNDP and funded by the UN Peacebuilding Fund. The project is carried out by the Fund for the Development of Media Consulting in Central Asia, with support from the Multilateral Advisory Council (MAC).