4. ACCESS TO CLOSED INSTITUTIONS. MONITORING CONDITIONS
As active participants of the MoU the state authorities undertook the obligation to facilitate as
needed access to places of detention for partner civil society organizations, defence attorneys and
international organizations, including monitoring groups that are established by them. 17
It should be mentioned that, by and large, the leadership of internal affairs bodies and
administration of TDFs and reception centres under internal affairs bodies demonstrated a rather
serious approach to the above-mentioned commitment, and access to TDFs was indeed by and large
unimpeded, while staff members were treating observers amiably.
From a monitoring group report. Temporary detention facility, At-Bashy region:
“From the moment of our first visit, the attitude toward monitoring group members has changed
much for the better. At the present time, staff members of TDFs and other units of internal affairs
bodies are much more affable toward us, and they engage in conversations and co-operation much
more willingly. Common staff members of TDFs are always asking us to conduct training on
human rights and international law.”
To a large extent, this can be explained by the fact that all heads of TDFs participated in two
training courses where they learned, in great detail, about the obligations of the Ministry of Interior
within the MoU and exchanged their views as to how to increase the effectiveness of monitoring
visits. Their subsequent reports to higher-level authorities about the goals and objectives of the
monitoring study changed the perception of the latter of this issue.
For instance, deputy head of the Naryn province Police
Department, M. Jupaev, provided great assistance in
conducting monitoring visits by allowing unimpeded
access to all TDFs of internal affairs bodies in Naryn
province.
A monitoring group talking with the head of the
TDF under the Chief Interior Department in
Bishkek
The majority of monitoring visits were carried out without
prior notification. Rare cases of untimely access could be
explained by the fact that not all heads and staff members
of regional internal affairs bodies had been informed about
the participation by the Ministry of Interior in the MoU
and the obligations undertaken in that multilateral
framework.
In 25% of cases, monitoring groups had to wait until a duty officer of the CDI/DDI confirmed with
higher-level authorities whether the group had the right to visit the institution.
From a monitoring group report. Temporary detention facility, Tyup region:
“We could not start a monitoring visit because the Chief of the TDF was not there. The Head of the
District Department of the Interior did not allow us to go in without him.”
From a monitoring group report. Temporary detention facility, Jeti-Oguz region:
“Despite numerous visits, every time we had to explain to the officer on duty in the District
Department of the Interior the obligations within the Memorandum.”
However, after a certain period of time, these issues were resolved positively and observers would
receive permission to enter the facilities. In this case, great assistance was provided by police
17
Memorandum of Understanding on human rights and fundamental freedoms, page 1, para. 4, 11.
27
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