In accordance with the Standard Minimum Rules: a) Men and women shall so far as possible be detained in separate institutions; b) In an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate; c) Untried prisoners shall be kept separate from convicted prisoners; d) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence; e) Young prisoners shall be kept separate from adults.65 The same principles of segregation are reflected in the Body of Principles, which prescribes that persons in detention shall be subject to treatment appropriate to their unconvicted status.66 According to the ICCPR, accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.67 According to the UN Rules for the Protection of Juveniles Deprived of Freedom, detention of juveniles before trial shall be avoided to the extent possible and limited to exceptional circumstances. All efforts shall be made to apply alternative measures. 68 The same provisions are reflected in the Standard Minimum Rules for the Administration of Juvenile Justice (“the Beijing Rules”).69 In-country Legislation The Law on the Procedure of the Detention requires that suspected persons are segregated from accused persons in mass or one-man cells, and sets out the criteria for the segregation.70 For instance, the law requires that the detention of suspected and accused persons in the cells is based on their personality and psychological compatibility. Smokers as far as possible shall be accommodated separately from non-smokers. When accommodating suspected and accused persons, as well as convicted persons, the following persons shall be segregated: Suspected and accused persons under the same criminal case; – Persons first brought to criminal justice and persons previously held in the institutions of – confinement; Suspected and accused persons, as well as convicted persons, whose sentences have come into – force. When accommodating suspected and accused persons, as well as convicted persons in the cells, the following persons shall be segregated from other suspected and accused persons: Persons suspected and accused of committing crimes against the foundations of the constitutional – system and public safety and crimes against peace and security of mankind; Persons suspected and accused of committing the following crimes as stipulated by the Criminal Code – of the Kyrgyz Republic: Murder (Art.97), intended grave bodily harm (Part.4 Art.104); HIV infection (Art.117); rape (Art. 129); sexual assault (Art.130), robbery (Art.168); terrorism (Art.226); hostage taking (Art.227); organization of an illegal armed formation or participation therein (Art.229); banditry (Art.230); Suspected and accused persons in the event of dangerous and especially dangerous repetition of – offences; Persons sentenced to life imprisonment; – Suspected and accused persons, who are or were judges, prosecutors, investigators, lawyers, – servicemen of Interior Ministry troops of the Kyrgyz Republic, staff of interior bodies, bodies of punishment execution, customs and tax authorities, financial police, national security of the Kyrgyz Republic, of the authorized government agency in the area of drug control; Foreign nationals and stateless persons, given the conditions for segregating from other suspected – and accused persons; 65 Standard minimum rules. Rules 8, 85. Body of principles. Principle 8. ICCPR, Art. 10 (2(b)). 68 UN Rules for the Protection of Juveniles Deprived of their Liberty. Rule 17. 69 Standard minimum rules for the administration of juvenile justice (“the Beijing Rules”). 70 Law on the procedure of the detention. Art. 30. 66 67 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents