Diagram 28.
Judge’s response to complaints about torture
Diagram 29.
Prosecutor’s response to complaints about torture
Upon completion of his mission to Kyrgyzstan, the Special Rapporteur on Torture concluded about
the absence of prompt, impartial, or thorough investigation of torture complaints in the country,
which means that such crimes remain unpunished.94 He pointed out that impunity, in turn,
reinforces the trend to rely on confessionary statements during criminal proceedings and to either
allow or reject an independent forensic examination.
With a view to recover some public trust in the judicial system and justice as such, the Special
Rapporteur recommended to the relevant Kyrgyz authorities not to further delay the conduct of
prompt, impartial and thorough investigations on torture allegations and to launch criminal
proceedings forthwith if this is supported by evidence; except for cases when such accusations are
unsubstantiated. Law enforcement officers involved in such cases should be at least temporarily
discharged of their functions while the investigation and judicial proceedings are taking place.95
Medical examination
The United Nations has highlighted in the UN Principles of Medical Ethics relevant to the Role of
Health Personnel, particularly Physicians the important role played by the ethical duties of health
care workers in protecting detainees from torture and other cruel, inhuman and degrading treatment
or punishment96. The Principles spell out the moral obligation of medical workers to protect
physical and mental health of detainees and prisoners, and they make it clear that active or passive
participation in torture or conniving at torture in any form is an egregious violation of medical
ethics.
94
Report of the Special Rapporteur on Torture, para. 77.
Report of the Special Rapporteur on Torture, para. 81 (d).
96
Adopted by the UN General Assembly in 1982.
95
67
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents