1. INTRODUCTION
The Kyrgyz Republic ratified many human rights treaties establishing a prohibition on torture and
ill treatment. All these international treaties form integral part of Kyrgyzstan’s legal system and are
directly applicable at the national level. Furthermore, norms spelled out in international human
rights treaties take precedence over other international agreements9.
The prohibition on torture and cruel, inhuman and degrading treatment and punishment is enshrined
in the Constitution, laws and other regulatory and legal acts of the Kyrgyz Republic, including those
establishing the procedure and conditions of custody for arrested persons suspected of, and charged
with, committing offences, subject to administrative arrest, and procedure and conditions of staying
in specialized educational, health care and social care institutions.
However, despite a fairly strong legal base, it is not always possible to ensure compliance with antitorture norms and apply preventive mechanisms successfully. Torture is still an open issue in
Kyrgyzstan. As stated by Prof. Juan Méndez, UN Special Rapporteur on Torture and Cruel,
Inhuman and Degrading Treatment and Punishment, upon completion of his visit to the Kyrgyz
Republic in December 2011, torture and cruel treatment are widespread phenomena in Kyrgyzstan.
The UN Special Rapporteur confirmed the conclusions drawn as a result of the full-scale research
conducted in 2011 under the aegis of the Memorandum of Understanding (MoU) between the
Ombudsman of the Kyrgyz Republic, the OSCE Centre in Bishkek, and eight non-governmental
organizations that shared their wealth of experience in the field of torture prevention.
Activities within the MoU included country-wide monitoring of all Temporary Detention Facilities
(TDFs) under the jurisdiction of the Ministry of Interior (MoI) of the Kyrgyz Republic. TDFs under
MoI were selected for monitoring purposes because these places of detention are by definition
closed to the outside world. Individuals placed in these institutions are particularly vulnerable and
susceptible to the threat of torture and other types of ill treatment. Secondly, the monitoring results
reveal that those in detention are subject to illegal inquiry methods by police officers with the aim
of extracting confessions, after which they are placed in TDFs. There have been quite a few cases
when torture was used in TDFs. Therefore, opening TDFs to external control mechanisms by means
of regular monitoring was considered as one of the most effective mechanisms for preventing
violations and improving detention conditions.
This unique format of co-operation between the country’s chief human rights defender and
international and local human rights organizations, as well as the methods of their work which
allow to achieve objective results and develop conclusions as well as practical and useful
recommendations on their basis, sparked a high degree of interest among government institutions
whose activities are also aimed at ensuring the respect for the right to freedom from torture.
In June 2012, an expanded new version of the Memorandum of Understanding was signed
including new parties such as the Prosecutor General’s Office (PG), the Ministry of Interior (MoI),
the Ministry of Health (MoH), the Ministry of Justice (MoJ), the State Service for the Execution of
Punishments (SSEP), and four additional non-governmental organizations.
The MoU brought together all those who are convinced that it is possible to improve the protection
of persons deprived of their liberty from torture based on non-judicial preventive measures such as
regular and unannounced monitoring visits to places of detention. This confidence is due to the
following:
9
Para. 3 Article 6 of the Constitution of the Kyrgyz Republic.
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