a crime that are meant for them. The administration of the detention facility shall convey to the prosecutor supervising the case investigation or to the court any complaints of detained or imprisoned persons regarding the actions of an agency of inquiry or actions or decisions of the investigator of the detention institution. Complaints regarding the actions and decisions of the prosecutor shall be conveyed to a superior prosecutor. The administration of the detention institution shall convey any other complaints to a person or a body that administrates the case proceedings within 24 hours from the moment of their receipt.26 The Law on the Procedure of the Detention provides for the right of suspected and accused persons to make themselves aware of the procedure to make suggestions, statements or complaints, as well as their right to convey their suggestions, statements and complaints to different authorities, including court, regarding legality and reasonableness of their detention, and violation of their legitimate rights and interests.27 The same law outlines the procedure of sending suggestions, statements and complaints of suspected or accused persons. According to the law, it is prohibited to persecute suspected or accused persons for making suggestions, statements or complaints due to violation of their rights and legitimate interests. Officials of places of detention guilty of such persecution shall be liable as stipulated by law. 28 Complaints sent by TDF detainees to the KR Ombudsman shall be sent to the Ombudsman in a sealed envelope promptly and with confidentiality and shall not be subject to opening or censorship.29 Head of a TDF and his deputy must visit each and every cell on a daily basis and receive suggestions, statements and complaints from suspected or accused persons both in writing and orally. Suggestions, statements or complaints made orally shall be registered and communicated to a person responsible for dealing with such. Written suggestions, statements or complaints to the attention of the IAB management shall be registered and communicated to the IAB head.30 The monitoring revealed that the right of IAB TDF detainees to make complaints is not respected properly. One of the reasons is lack of these persons’ awareness of their rights including the right to make complaints and the procedure of appeal, which is discussed in detail in a respective section of this Report, as well as lack of confidence that the complaint will reach the recipient and result in a legal and fair decision. Example: From the interviews with detainees: “I don’t know how and to whom to send my complaint”.31 “I have not made any complaints. I have no chance anyway”.32 Another reason is lack of appropriate conditions for drafting complaints themselves. In the course of the monitoring, 17.1% of the respondents, including those from Tash-Kumyr, Kara-Kul and Mailuu-Suu city IABs, and Djail, Toktogul, Aksy, and Ala-Buka District IABs, as well as Talas Oblast IAD, said they were not able to write a complaint since they had neither pen nor paper. 34.7% of the interviewed IAB TDF prisoners could not answer if they have a real opportunity to make complaints since they have never tried to do it. 26 28 29 30 31 32 27 KR Code of Criminal Procedure. Art. 128. Law on the procedure of the detention. Art. 16. Law on the procedure of the detention, Art. 20. Internal regulations. Par. 3.1. Internal regulations. Par. 4.1., 4.3. Monitoring Report No. 5/2/З/1. Monitoring Report No. 5/9/З/1.4. 24