4.
5.
To introduce amendments in Article 99 of the CPC KR (Notification of a suspect’s relatives
about detention) developed by the Working Group within the Millennium Challenge Account
whereby at the moment of actual detention an investigator is obliged to inform one of the
suspect’s family members about his/her detention, and in case he/she does not have family
members, one of the relatives or a close person should be informed, or provide a suspect with
an opportunity to inform them for free himself/herself. If, for objective reasons, notification is
not possible at the moment of apprehension, such a possibility should be provided forthwith
upon a suspect is taken to an inquiry agency. A note is made about such notification in the
detention report.
To introduce amendments in the CPC KR developed by the Working Group within the
Millennium Challenge Account regulating the judicial procedure for verifying whether or not
the detention of a suspect who was released following an investigator’s or prosecutor’s
resolution was legal.
SAFEGUARDS OF PROTECTION FROM TORTURE IN PLACES OF DETENTION
1.
To introduce the practice of a centralized register (database) of all those who were detained and
remain in custody, providing information as to who carried out the detention, what time a
person was apprehended, taken to a police station, placed in a temporary detention facility and
taken into custody, and about their movement inside and outside the facility.
2. To introduce amendments in the Law “ On the procedure and conditions of custody for arrested
persons suspected of and charged with committing offences” establishing absolute prohibition
of:
а) censorship on correspondence of persons placed in detention institutions with their
lawyer, parliamentarians, Ombudsman of the Kyrgyz Republic, director of the Kyrgyz National
Centre for Prevention of Torture and Other Cruel, Inhuman and Degrading Treatment and
Punishment and international human rights bodies;
b) placement of juveniles in the same cell with adults with “positive references” in
temporary detention facilities.
IMPROVEMENT OF DETENTION CONDITIONS
1.
2.
3.
4.
To ensure transparency regarding the allocation and the use of budget funds to improve
detention conditions.
To appoint a commission that should consist of experts from across multiple disciplines for
carrying out urgent inspection visits to all places of detention for purposes of closing those
places that would be regarded as unacceptable for holding people immediately.
To comply strictly with the Strategy for the Development of Penitentiary System in the Kyrgyz
Republic for 2012-2016 (Umut-2) approved by the Government of the Kyrgyz Republic on 15
May 2012.
To improve coordination of joint actions with the Ministry of Health on issues related to
providing medical services to convicts and persons placed in detention institutions under the
SSEP.
EFFECTIVE LEGAL ASSISTANCE TO VICTIMS OF TORTURE
1.
2.
3.
4.
To establish solid legal basis for defence lawyers to carry out their activities to the full extent.
To support the establishment of a professional bar association in the framework of ongoing and
planned judicial reforms.
To develop a comprehensive free legal assistance programme guaranteeing access to a defence
attorney for all those in detention.
To increase the effectiveness of the Law “On guaranteed state legal assistance” by adopting
further information awareness measures.
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