Diagram 27. Effectiveness of lawyer’s assistance 50.0% 18.0% 32.0% Satisfied with a defence lawyer's work Is not satisfied with a defence lawyer's work Is not able to answer From a monitoring group report: “The lawyer does not show up on his own initiative. He comes only when the relatives ask him to a number of times.”81 From a monitoring group report: “I do not like the defence lawyer; he’s not defending me but supporting the investigator. He does not listen to my arguments and does nothing during trial hearings.”82 From a monitoring group report: “The lawyer was there on the day I was arrested, and I have not seen him since.”83 It should be mentioned that the quality of assistance provided by lawyers was evaluated only on the basis of the data obtained during interviews with those in detention. To formulate accurate and objective conclusions about the effectiveness of assistance provided by lawyers, a more full-scale research study is required that should include examination of case files, interviews with defence lawyers working with all respondents held in TDFs and PDFs, and so forth. Complaints about torture in courts In his report upon completion of his mission to Kyrgyzstan, the UN Special Rapporteur on Torture stated that courts rely too heavily on confessions while assessing available evidence. If during court proceedings a defendant complains that his/her confession was extracted through torture or ill treatment, courts usually either ignore such statements or carry out a superficial investigation by just interrogating police officers in the courtroom.84 After police officers deny allegations of torture, the judge concludes that the defendant’s accusations are unsubstantiated and they should be viewed as an attempt to elude the regular course of justice.85 In this vein, the Special Rapporteur recommended Kyrgyzstan to remember that the rules for presenting evidence and misinterpretation thereof should not be a stimulus for illicit actions by law enforcement bodies and investigators, and that removing inadmissible evidence from consideration during court proceedings is one of the effective ways to counteract illegal actions and abuses during criminal proceedings.86 81 Monitoring group report, No. 6-1/3. Monitoring group report, No. 6-1/8. 83 Monitoring group report, No. 5-3/4. 84 Report of the Special Rapporteur on Torture, para. 46. 85 Report of the Special Rapporteur on Torture, para. 46. 86 Report of the Special Rapporteur on Torture, para. 81 (f). 82 65