5.1.1. COMMUNICATIONS RIGHTS
А. RIGHT TO INFORMATION
International Standard
According to the Standard Minimum Rules, prisoners shall be provided with written information about the
regulations governing the treatment of prisoners of his category, the disciplinary requirements of the institution,
the authorized methods of seeking information and making complaints, and all such other matters as are
necessary to enable him to understand both his rights and his obligations and to adapt himself to the life of the
institution. It also stipulated that if a prisoner is illiterate, the aforesaid information shall be conveyed to him
orally. 13
According to the Body of Principles, any person shall, at the moment of arrest and at the commencement of
detention or imprisonment, or promptly thereafter, be provided by the authority responsible for his arrest,
detention or imprisonment, respectively, with information on and an explanation of his rights and how to avail
himself of such rights.14 Every detainee is entitled to receive information on his rights and on how to avail
himself of such rights in a language which he understands.15
As per UN Basic Principles on the Role of Lawyers, Governments shall ensure that all persons are immediately
informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or
detention or when charged with a criminal offence.16
In-country Legislation
The law on the Procedure of the Detention provides for the right of suspected and accused persons to make
themselves aware of the content of the Internal Regulations as well as their rights and obligations, the regulations
governing the treatment of prisoners, and the disciplinary requirements of the institution.17
The Internal Regulations oblige a TDF officer-on-duty to convey the TDF Internal Regulations to the detainee
after bodily search, examination, medical certification and decontamination.18
Suspected and accused persons have the right to be informed of their rights and obligations, the regulations
governing the treatment of prisoners, the disciplinary requirements, and the procedure of making suggestions,
statements, and complaints.19
It is noteworthy that neither the Law on the Procedure of the Detention nor the Internal Regulations stipulates
the obligation of TDF personnel to explain to the newly detained persons their rights and responsibilities in
writing or orally, which is inconsistent with the international standards.
Compliance with this standard was studied from the perspective of exercising three components of the right to
information:
а. The right of a suspected and an accused person placed in a TDF to be informed of his rights and
obligations in writing;
b. The right of a suspected and an accused person placed in a TDF to ,make himself aware of the content
of the Internal Regulations, the regulations governing the treatment of prisoners, and the disciplinary
requirements of the institution;
c. The right of a suspected and an accused person held in a TDF to be informed of the procedure to make
suggestions, statements or complaints.
13
15
16
17
18
19
14
Standard minimum rules for the treatment of prisoners. Rule 35(1).
Body of principles, principle 13.
Body of principles, principle 14.
UN Basic Principles on the Role of Lawyers. Principle 5.
The Law of the Kyrgyz Republic on the Procedure of the Detention. Art. 16.
Internal regulations, par. 1.10.
Internal regulations, par. 3.1.
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents