As the administration and members of staff of some IAB TDFs explain, every suspected or accused person
held in a TDF can, if he so desires, make himself familiar with his rights and obligations that are posted on the
information stand.
Information stands were not in place in 17 (36.2%) and were in place in 30 (63.8%) IAB TDFs.
Yet, the monitoring demonstrated that not all such stands have information on prisoners’ rights and obligations.
For instance, at the Issyk-Kul District IAB TDF, departmental orders, instructions, a list of responsibilities of
TDF personnel, magazines and booklets were found to be posted on a stand. Similar information was posted on
the information stand at the Talas Oblast IAD TDF.
At the same time, the observers found a very informative stand at the Kemin District IAB TDF which, apart
from orders and instructions, had prisoners’ rights and obligations listed, as well as a detailed building layout
and an emergency evacuation plan.
However, even when full information on the rights and obligations of IAB TDF detainees is available on the
stand, the detainees have no real opportunity to read them since all these stands are installed either in a TDF
corridor or an investigation room. That short period of time when prisoners go to the exercise yard and back
passing the stand, all they can do is just to take a quick look on the stand. This observation is confirmed by the
answers of the respondents who said they had never read anything on the stand.
B. RIGHT TO MAKE COMPLAINTS
International Standard
According to the international standards, every prisoner shall be allowed to make a request or complaint,
without censorship as to substance but in proper form, to the central prison administration, the judicial authority
or other proper authorities through approved channels. Every request or complaint shall be promptly dealt with
and replied to without undue delay.21
Every detained or imprisoned person shall have the right to communicate freely and in full confidentiality
with the persons who visit the places of detention or imprisonment, subject to reasonable conditions to ensure
security and good order in such places.22
According to the Standard Minimum Rules, every prisoner shall have the opportunity each week day of making
requests or complaints to the director of the institution or the officer authorized to represent him. It shall be
possible to make requests or complaints to the inspectors of prisons during their inspection without members
of the staff being present. Every prisoner shall be allowed to make a request or complaint, without censorship
as to substance but in proper form, to the central prison administration, the judicial authority or other proper
authorities through approved channels.23
In-country Legislation
In accordance with the domestic law, every detainee shall have the right to make complaints regarding his
prosecution (complaints about actions of agencies of inquiry, investigation, and a prosecutor) 24 as well as
regarding detention conditions at a TDF or any other issue25 to government authorities and officials.
KR Code of Criminal Procedure obliges the administration of detention facilities to promptly convey to the
investigator, prosecutor, or court complaints of persons detained or imprisoned on suspicion of committing
21
23
24
25
22
Standard minimum rules. Rule 35 (3), (4).
Body of principles. Principle 29 (2).
Standard minimum rules. Rule 36 (1, 2, 3).
KR Code of criminal procedure. Art. 40 (part 1, par.12).
Law on the procedure of the detention. Art. 20.
23
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