In some cells with tap water and no tank with drinking water, the
observers noted water to be of a very poor quality and taste, which
was unfit for dinking.
In most IAB TDFs, an officer-on-duty brings drinking water in plastic
bottles at the request of detainees.
It must be stressed that ensuring free access to drinking water is
recognized as the international obligation pertaining to suppression of
ill-treatment of detainees.111
The European Court of Human Rights has had a precedent, namely the
case of Starokadomsky v. the Russian Federation, when the detainee
had no regular free access to drinking water. He only could use water
provided by the guard-on-duty. This was found unacceptable treatment
and violation of Art. 3 of ECHR.112
Bucket with water near
the basin for needs.
Thus, it can be concluded from the monitoring findings that the quantity and quality of food do not meet
quality criteria and are not sufficient for “maintaining good health and strength” as specified by the Minimum
Standards, and failure to provide regular access to drinking water is inhuman treatment of prisoners.
C. MEDICAL SERVICES
International Standard
Standard Minimum Rules outline in detail principles of activities of medical personnel in closed institutions and
stipulate that each prisoner must undergo a medical examination upon his admission to a closed institution and
thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking
of all necessary measures, and the segregation of prisoners suspected of infectious or contagious conditions.
The medical officer shall regularly inspect and advise the director upon:
a) The quantity, quality, preparation and service of food;
b) The hygiene and cleanliness of the institution and the prisoners;;
c) The sanitation, heating, lighting and ventilation of the institution;
d) The suitability and cleanliness of the prisoners’ clothing and bedding; and
e) The observance of the rules concerning physical education and sports, in cases where there is no
technical personnel in charge of these activities.113
According to the Body of Principles, a proper medical examination shall be offered to a detained or imprisoned
person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter
medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided
free of charge.114
The fact that a detained or imprisoned person underwent a medical examination, the name of the physician and
the results of such an examination shall be duly recorded.115
In-country Legislation
The Constitution of Kyrgyzstan enshrines the right to safety for everyone and legally punishes government
authority representatives who conceal facts and circumstances threatening human life and health. 116
111
Report of the UN Committee Against Torture. CPT/Inf/Е (2002)1 – Rev.2009.
Decision of the European Court of Human Rights in the case Starokadomsky against the Russian Federation No. 42239/02. Strasbourg, July 3,
2008
113
Standard minimum rules. Rules 24, 26.
114
Body of principles. Principle 24.
115
Body of principles. Principle 26.
116
Constitution of the Kyrgyz Republic, Art. 47, Paragraph 1,4. 27 June 2010.
112
51
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