A/HRC/19/61/Add.2
not to investigate; in others, prosecutors did not interrogate the victim about allegations, nor
were steps taken to question witnesses or medical personnel.
57.
While the Special Rapporteur is encouraged by the concrete steps taken by the
Prosecutor General vis-à-vis the recent instructions (see paragraph 34 above), it remains to
be seen how these directives will be implemented at the city and provincial levels.
C.
Conditions of detention
1.
Temporary and pretrial detention facilities
58.
Currently, all 47 temporary detention facilities are under the oversight of the
Ministry of the Interior. The State Committee for National Security has its own pretrial
detention facilities in Bishkek and Osh. The average length of stay at a pretrial detention
facility varies from 9 to 12 months. All 11 correctional colonies, including three institutions
for tuberculosis patients, a juvenile penitentiary, a colony for women, six pretrial detention
facilities and 15 settlement colonies are under the jurisdiction of the State Service for the
Execution of Punishments.
59.
The Special Rapporteur acknowledges that the prison population has significantly
dropped in recent years, from 16,934 in 2004 to 9,698 in 2011 12 (not including the
temporary and pretrial detention facilities of the National Security Committee). It is worth
noting, however, that the penitentiary policies applied have an essentially punitive nature
rather than aim at reintegrating prisoners into society. The execution of sentences still
consists of placing convicted persons in standard, reinforced or strict regime penal colony
settlements.
60.
The Special Rapporteur observed that conditions in a temporary detention facility, a
pretrial detention facility and a penal colony varied from being adequate (pretrial detention
facilities No. 1 in Bishkek and No. 25 in Osh) to unsatisfactory (most temporary detention
facilities visited) to appalling (Kara Suu district pretrial detention facility in Osh province).
Most facilities visited were characterized by unsanitary conditions and poor or non-existent
ventilation or daylight; most lacked heating. In temporary detention facilities built as early
as 1923, inmates are confined for 23 hours a day to their poorly illuminated cells with little
or no ventilation and minimum food and water. Cells contain four to six mattresses on the
floor or on bunk beds and provide little space for movement. In most temporary detention
facilities, showers with no hot water were located at an outside court and access to them
was restricted to once a week. In some temporary detention facilities, detainees are allowed
to use the toilet only twice a day at scheduled times; it is also their only opportunity to
walk. Access to water for washing is extremely restricted. Meals are of very poor quality,
and in most facilities, consist of only one serving a day, plus hot water for tea. Families are
allowed to bring supplementary food supplies.
61.
Tuberculosis patients in facilities visited were separated. In almost all temporary and
pretrial detention facilities visited, there was no separation between convicted and pretrial
inmates. Most detainees indicated that their arrest had been confirmed by a court within the
first 48 hours, as provided by law (albeit counted from the initial interrogation, not the
actual detention). Most inmates interviewed confirmed that, however, their detention in a
temporary detention facility continued after that court hearing instead of being remanded to
a pretrial detention facility, as the law would require. Continued detention in temporary
detention facilities can last from one month to several months, and even a year. This was
explained by the fact that transfers from a temporary to a pretrial detention facility are only
12
Figures provided in the draft national strategy on penal enforcement system development for the
period 2011- 2015 “UMUT - 2”.
15
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