examination of persons placed in TDFs under internal affairs bodies and PDFs under the SSEP with
regard to bodily injuries in cases when detainees were complaining about torture used against them.
Unfortunately, minimum conditions conforming to international standards in the area of
investigating and documenting torture and ill treatment were not
always met during the monitoring. For instance, the Istanbul
Protocol provides that detainees should be examined behind
closed doors. Police officers and other law enforcement officers
should not be present in the room where medical examination is
taking place. This procedural safeguard can be violated only in
those cases when, as believed by the examining doctor, there is
convincing evidence that a detainee poses a serious threat to
medical staff. And even in these cases, as requested by the Examination of a detainee in the TDF under
the Issyk-Ata DDI
examining doctor, security guards from a medical institution
should be present, but not police officers or other law
enforcement officers.114 Certain difficulties faced by doctors of the Rehabilitation Centre while
discharging their duties had to do with the fact that persons undergoing medical examination were
in detention. As there was no possibility to have unimpeded access to medical facilities providing
therapeutic and psychological assistance, certain diagnostic examination methods were not
available when needed.
Another difficulty faced by doctors of the Rehabilitation Centre while discharging their duties had
to do with a limited amount of time which they could allocate for interviewing and examining one
detainee. Fifteen to twenty minutes for each interview was not enough to evaluate physical or
psychological evidence of torture and to prescribe appropriate treatment. In some cases, there was a
need to conduct the second and even third interview which was not possible in conditions of closed
institution.
Regrettably, doctors of the Rehabilitation Centre failed to obtain access to persons held in PDFs
under the SSEP in order to examine them. As was mentioned earlier, the management of the SSEP
denied access to those under investigation held in PDFs pointing to the need to obtain permission
from investigation and judicial bodies, and also basing their decision on the operational and security
situation in the penal system.
The project activities show that restricted access to qualified medical and psychological assistance
is a problem not only when victims of torture are held in places of detention, but oftentimes even
after they are released. The Rehabilitation Centre had cases
when victims of torture were seeking medical assistance in
state-run institutions upon their release from places of detention,
but they were rejected because law enforcement agencies were
exerting pressure on medical workers. Many victims of torture
are afraid to seek medical aid, because they always feel
threatened by their torturers.
Every year the number of people approaching the Rehabilitation
Centre for help is increasing. During the five years of its
existence, the Rehabilitation Centre helped more than 300
people go through a rehabilitation programme.
114
Mobile group in Osh
Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Istanbul Protocol), para. 165.
80
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