the very existence of such external control is an important deterrent for administration and
staff members in places of deprivation and limitation of liberty, who will not want to
become subject to criticism from outside and who, in case such external control is not there,
may believe that they will never be punished for their actions;
the monitoring visits allow independent experts to see with their own eyes how inmates are
treated in places of detention, and in what conditions they have to live. Following their
observation of each specific situation, monitoring experts can provide realistic and practical
recommendations, and also enter into a dialogue with the competent authorities for resolving
any problems that were identified;
visits to places of deprivation and limitation of freedom by persons not related to these
institutions may be an important source of moral support to inmates.
Independent monitoring of closed institutions has become the main theme of the new MoU: the
Signatory Parties decided to expand the number of institutions to be visited by including reception
centres under the MoI and pre-trial detention facility (PDF) under SSEP. The need to include PDFs
under SSEP in the list of monitoring targets stems from the fact that monitoring of TDFs can
provide only a partial picture with regard to torture and the degree to which torture is used against
inmates. Suspects and accused that are detained in TDFs are less likely to admit instances of torture
for fear of retaliation from the detaining authorities. Cases when police officers were beating
arrested individuals for communicating cases of torture to monitoring groups were described in the
2011 monitoring report10. It is only after they are transferred to PDFs under SSEP that victims of
torture feel more or less secure and have enough courage to tell independent monitors about ill
treatment.
In the past, there has been no single full-fledged monitoring of reception centres under internal
affairs bodies.
Government institutions that acceded to the MoU committed themselves to facilitate monitoring
visits and to respond immediately to allegations of torture, including a commitment to actively carry
out monitoring visits of places of detention together with partner civil society organizations; to
facilitate, in case there is a need, access to places of deprivation of liberty by partner civil society
organizations, defence attorneys and international organizations, including monitoring groups
created by them; to carry out effective, thorough, strict and quick internal investigation following
allegations of human rights violations in compliance with national legislation and international
norms, and to report the results to the administrations of relevant government institutions, partner
civil society organizations and international organizations; and to ensure immediate response to
reports of human rights violations identifying a responsible representative of public bodies to take
part in a joint inspection and to document any reports of violations in closed institutions11.
This report contains generalized monitoring findings as regards the respect for the right to freedom
from torture in TDFs and reception centres of internal affairs bodies, and PDFs under SSEP in all
provinces of the Kyrgyz Republic which was carried out from 1 April to 30 November 2012 within
the projects on “Addressing human rights in closed facilities in Kyrgyzstan through nationallyowned human rights mechanisms” and “Increasing police accountability with the introduction of
civil society monitoring mechanisms” financed by the OSCE Centre in Bishkek, and the Freedom
10
Monitoring report on “Prevention of torture in temporary detention facilities of internal affairs bodies in the Kyrgyz
Republic. Monitoring, response, rehabilitation,” 106 pages, Bishkek, 2011 (available at
http://www.osce.org/bishkek/93782).
11
Memorandum of Understanding on Human Rights and Fundamental Freedoms, p. 1.
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