From the viewpoint of international standards, it is particularly important for a physician working in a closed institution not only to provide medical assistance, but also to carry out the medical examination of detainees arriving in the detention facility after being held in custody by the police. National legislation, in particular the CPC KR, provides for the following: “Every time a suspect or a person charged with committing an offence is taken to a temporary detention facility or pre-trial detention facility, and also if they, their lawyer or relatives complain about physical violence used against them by inquiry or investigation officers, they shall be subjected to compulsory medical examination, and the relevant documentation should be compiled. The obligation to carry out a medical examination shall be imposed on the management of the temporary detention facility or pre-trial detention facility.”97 To effectively document allegations of torture and ill treatment of prisoners (and in general to implement the right to medical services in closed institutions) adequate medical personnel is required. The 2011 monitoring report revealed that the post of medical worker (doctor, medical assistant) is not envisaged in the post table of TDFs under internal affairs bodies. Regrettably, the situation has not improved so far. According to the official response of the MoI98, the post of medical assistant exists only in one out of 47 TDFs in the country – temporary detention facility under the Bishkek Chief Interior Department- and he/she is paid from the local budget. The provisions of the CPC KR which are not implemented, as explained by authorities, due to financial restraints are temporarily ensured owing to the support of donor organizations. Thus, at the time the monitoring was carried out there were doctors working in all TDFs in Osh and Batken provinces who were financed within the OSCE project mentioned above. Unfortunately, this is merely a temporary measure and it is expected that once financial support from international organizations comes to an end the work of medical workers in TDFs will also die away. It should be mentioned that financing from external sources should not become a common practice and fully replace the financing by the state. Funds should be allocated for the work of medical workers in TDFs from the state budget through the MoI. It is also make more sense for medical personnel of TDFs to report to the Ministry of Health rather than be employed by the MoI, which may pose a threat to their independence. The monitoring findings have demonstrated that even when a medical worker is present in a TDF medical examination is not always carried out when a detainee is admitted to the institution for the first time, in violation of relevant international standards and national law. Every third respondent held in a TDF reported that no medical examination was carried out when they first arrived in the closed institution. Diagram 30. Medical examination upon placement in a TDF 97 98 CPC KR, Article 40, Section 5, Article 42, Section 7. Letter from theMoI of the Kyrgyz Republic of 24 April 2012, Ref. No. 11/646. 68

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