In-country Legislation No one can be put on trial as suspect or accused, arrested, imprisoned, committed, searched, brought to court, or imposed to any other measures of procedural compulsion, or be condemned, punished or in any way limited in his rights other than in the way and in accordance with the procedure established by law.191 An investigation agency shall not detain a person as a suspect for more than 48 hours. By the time this period expires, the investigation agency shall either release the suspect or charge him with a crime and decide on the measure of restraint. If it is necessary to apply detention or home arrest as a measure of restraint, the investigator, with the consent of the prosecutor, shall send a petition to court in accordance with the procedure established by Code of Criminal Procedure.192 A court, prosecutor, or investigator shall immediately release a person illegally detained or deprived of his liberty or illegally placed into a medical institution, or being detained for a period exceeding the limited period provided for by law or by the court decision.193 A record of arrest made in accordance with the procedure established by the KR Code of Criminal Procedure shall constitute the ground for detaining persons suspected of committing crimes.194 The monitoring was accompanied by the review of IAB TDFs’ documentation. It has been noted that the requirement of the criminal and procedural law for the record of arrest of a person suspected of committing a crime is complied with.195 In certain cases, taking into account the claims of detainees about the fact that they were placed in TDFs much later than the time of their actual detention, the observers had doubts about correctness of place and time of detention mentioned in records of detention (with indication of hour and minutes). However, the observers’ mandate did not include corresponding inspection needed to verify correctness of details of the records of detention. Monitoring results analysis did not reveal any cases of violation of the KR Constitution requirements whereby any detained person shall be brought before court, in a prompt manner and in any case, before 48 hours from the moment of detention are over, to have a resolution made on the legality of his detention.196 Holding defendants charged with committing a crime in the IAB TDFs had been timely authorized by court. At the same time, the monitoring revealed a problem of exceeding the time period for detention specified by law. In accordance with Article 9 of the Law on the Procedure of the Detention, the IAD TDFs are intended for holding persons in detention arrested on the suspicion of committing crimes. The repealed Kirgiz Soviet Socialist Republic Code of Criminal Procedure clearly stipulated that pre-trial detention facilities shall be places for pre-trial detention of persons for whom detention was chosen as a measure of restraint.197 In accordance with Art. 409 of the Kirgiz SSR Code of Criminal Procedure, detained persons could be placed in detention facilities for no longer than 3 days (72 hours). If it appeared to be impossible to bring detainees to a pre-trial detention facility due to its remote location or lack of appropriate passageways, the detainees could be held for a longer period of time but no more than 20 days. 191 193 194 195 196 197 192 KR Code of Criminal Procedure, Art. 6, part 2. KR Code of Criminal Procedure, Art. 39, part 2. KR Code of Criminal Procedure, Art. 11, part 2. Law on the procedure of the detention, Art. 5. KR Code of Criminal Procedure, Art. 95. Constitution of the KR, Art. 24, part 4. Kirgiz SSR Code of Criminal Procedure, Art. 406, part 1. 69