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

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