In the course of the monitoring, the observers had trouble accessing the Kyzyl-Kiya IAB TDF, the administration of which denied access to the facility explaining that they had not received any instruction from the Batken Oblast IAD. Following the telephone conversation with the Head of the Batken Oblast IAD, a head of the monitoring team and a doctor were granted access unlike the rest of the monitoring team. When visiting a Karakol IAB TDF on October 21, 2011, only one member of a three-member monitoring team was allowed into the facility just because he was a member of the PSB under the KR Interior Ministry. Even after the KR Ombudsman issued letters of authority for the monitoring teams guaranteeing an unimpeded access to IAB TDFs and other closed institutions, several cases were registered in which access would be denied. For instance, on November 11, 2011, the head of the Karakol IAB denied access to the Karakol IAB TDF for the monitoring team. On November 14 and 18, 2011, the observers were denied access to the Jeti-Oguz District IAB TDF. The head of the institution explained that this was “an order from high authorities”. It must be noted that personnel of some TDFs created every obstacle for the monitoring. For instance, during interviews with TDF detainees as part of the monitoring of the Djail District IAB TDF, the observers asked the TDF personnel to leave the cell to ensure confidentiality. However, one of TDF employees stopped the conversation, gathered all the observers, and stated very emotionally that he was concerned about their behavior since this put their security in jeopardy. The observers were able to resume the monitoring only by way of talking to the detainees through the cell door and in the presence of the TDF personnel. There was another case in which a head of one of district IABs was near the observers all the time listening to their conversation with the detainees, interrupting them from time to time and making inappropriate comments. When the observer gave a detainee an Information Sheet listing telephones of organizations where he may receive assistance in case he is tortured, the head of the district IAB said that the observer “tempts the accused to breach internal TDF detention regulations since no telephone conversations are allowed.”12 At the same time, it must be emphasized that there were cases in which IAB TDF personnel assisted the observers creating all necessary conditions for the research. We would like to express our special gratitude to the administration and members of staff of TDFs of Talas Oblast IAD, Kara-Buura District IAB, Panfilov District IAB, IADT and others. The observers were concerned about the head of the Tokmok IAB TDF demonstrating absolute indifference to very poor detention conditions. He was also very rude to the observers. In all fairness it has to be noted that this was just once in the course of the monitoring that the observers witnessed such indifference to TDF detainees’ needs and working environment of the personnel. According to the observers, most of heads of IABs and TDFs appeared to be concerned about the detention conditions and used their best efforts to improve the situation, for example by asking local councils (keneshs) and international organizations to help. For example, head of Issyk-Ata District IAB has asked local authorities to allocate funds for repairing the TDF thrice. After the third request, 130,000 Soms were allocated from the local budget. This amount was spent on purchasing mattresses for the detainees and the repair of TDF premises that is now under way. At the initiative of the head of the Panfilov IAB TDF, the local akimiat allocated funds for cosmetic repairs that resulted in installing a shower room and a lavatory in the institution. While encouraging such initiatives of the TFD administration, it must be stressed that seeking funds for improving detention conditions at TDFs from local authorities and international organizations must not become a common practice. It must be ensured that funds for maintaining decent detention conditions at TDFs are allocated from the state budget in pursuance of the country’s positive human rights obligations. 12 Monitoring Report No. 6/5-7/Н. 20

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