The law clearly specifies cases in which TDF personnel may apply physical force. However, the monitoring
has revealed no such cases when it would be necessary to apply physical force or when such force had been
applied.
There was a case described in prior part of the report in which Issyk-Ata TDF staff illegally inflicted physical
force against prisoners after they had stoked up a war of words. As it was mentioned , the Issyk-Ata District
Prosecutor’s Office denied institution of criminal proceedings.
The observers registered one case when members of staff of the Moscow district IAB TDF together with field
investigators had beat a detainee several times and then they hung him on the window bars and left him there for
a night. By doing this, they wanted to punish him for telling the observers about torture he had been subjected
to.236
5.1.8. CONTROL AND OVERSIGHT ON RESPECT FOR RIGHTS AND LIBERTIES AT TDFs.
International Standard
Penal institutions and services shall be subjected to regular inspections by qualified and experienced inspectors
appointed by a competent authority. Their task shall be in particular to ensure that these institutions are
administered in accordance with the existing laws and regulations and with a view to bringing about the
objectives of penal and correctional services.237
In order to supervise the strict observance of relevant laws and regulations, places of detention shall be visited
regularly by qualified and experienced persons appointed by, and responsible to, a competent authority distinct
from the authority directly in charge of the administration of the place of detention or imprisonment.238
Similar requirements are set out in the UN Rules for the Protection of Juveniles Deprived of their Liberty.239
In-country Legislation
The Law on the Procedure of the Detention provides for the right of the President of the Kyrgyz Republic,
Toraga of the Kyrgyz Republic Jogorku Kenesh, Prime Minister of the Kyrgyz Republic, Deputies of the Kyrgyz
Republic Jogorku Kenesh and the Ombudsman of the Kyrgyz Republic to visit, without any special permission,
facilities where suspected or accused persons are detained.240
The Internal Regulations extend the list of officials by including General Prosecutor of the Kyrgyz Republic and
Supervising Prosecutor.241
Parliamentary control over observance of the constitutional human and civil rights and liberties within the
Kyrgyz Republic and within its jurisdiction shall rest with by the Ombudsman of the Kyrgyz Republic on an
on-going basis. The Ombudsman has the right to visit places of detention or imprisonment, pre-trial detention
facilities, facilities for serving the sentence and compulsory medical treatment and correctional education
facilities, and mental hospitals at any time, as well as to speak in private with people held there, receive
information on conditions of their detention and inspect documentation confirming legality of holding these
persons in the aforesaid facilities.242
Instruction “On Guarding and Convoying Persons Held in TDFs on Suspicion of Committing Crimes” approved
by the KR Interior Ministry’s order No.263 as of March 29, 2010, clearly specifies frequency of inspecting the
organization and guarding and convoying by heads of IABs and inspectorial personnel.
236
Monitoring report No. 1/6-7/З/1.3.
Standard minimum rules, rule 55.
238
Body of Principles, principle 29.
239
UN Rules for the Protection of Juveniles Deprived of Their Liberty, rules 72, 74, 77.
240
Law on the procedure of detention, Art. 17-1.
241
Internal Regulations, par. 4.17.
242
KR Law on Ombudsman, Art. 1,8 part 10.
237
77
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