5.2. RESPONDING TO REPORTS OF TORTURE
5.2.1. DOCUMENTING CASES OF TORTURE IN TDFS. PROVIDING LEGAL AID
TO SURVIVORS OF TORTURE.
The monitoring confirmed human rights organizations’ allegations that people detained for having allegedly
committed crimes often receive beatings or threats of blackmail in efforts to elicit confessions.
The monitoring findings uncovered cases in which compelling to confess guilt takes place both after admission
to IAB TDFs and during the period of detention in the institutions.
Yet, the results of previous surveys together with the present monitoring have confirmed the allegation that
survivors of torture and ill-treatment are often precluded from effectively protecting their violated rights. The
lack of opportunity to make a complaint stating the facts of the torture or ill-treatment and the absence of
qualified juridical support from an honest attorney remain serious obstacles.
Detainees surveyed during the monitoring were often unable to produce even their attorneys’ names. The majority
of survivors of torture and ill-treatment, as well as their families, lack the funds to hire a lawyer themselves.
In these cases, investigation agencies find a lawyer to provide legal aid to detainees. In practice, however,
these are “puppet” or “stock” lawyers who fail to fulfill their responsibilities properly, do not participate in the
investigatory activities that pertain to their clients, sign criminal case materials without familiarizing themselves
with their content, and sometimes act as negotiators rather than defenders, trying to persuade their clients to
admit to having committed a crime.
For these reasons, the project’s most important objectives were:
•
Documenting the cases of torture and ill-treatment;
•
Providing efficient legal support to:
Survivors of torture or other cruel and inhuman treatment or punishment;
Victims of other illegal actions of law enforcement officers;
Detainees, who do not have effective juridical (legal) protection in a court;
Minor detainees, who do not have effective juridical (legal) protection;
Women, who do not have effective juridical (legal) protection.
What was specific about this monitoring was that any person detained in an IAB TDF could report to the
members of the monitoring team about torture and ill-treatment. The experience and expertise of the members of
the monitoring teams, which included famous human rights defenders, representatives of the KR Ombudsman’s
Office, and members of the PSB of the KR Interior Ministry, made it possible to properly document each
statement about torture and ill-treatment.
The task to monitor further circulation of detainee complaints about torture and cruel treatment and to provide
detainees with qualified legal support was put to the Kylym Shamy Public Foundation.
In order to ensure effective legal support, Kylym Shamy sought out lawyers with experience in protecting the
interests of survivors of torture and ill-treatment.
Within the scope of the project, juridical (legal) support was provided to 28 persons in total: 12 in Issyk-Kul
Oblast, 9 in Chui Oblast, 2 in Naryn Oblast, 1 in Osh Oblast, and 2 in Jalal-Abad Oblast.
More detailed data is presented in the table below.
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