– – Suspected and accused persons whose life and health are threatened by other suspected and accused persons – by the decision of the administration of a place of detention or based on a written statement of the person or body in charge of the criminal case; Patients with infectious diseases or those in need of special medical care and monitoring.71 The Law sets special requirements for the detention of women and minors. For example, women shall be held separately from men in detention facilities. For pregnant women and women who have children leaving with them, living conditions shall be improved, specialized medical care shall be arranged, and higher nutritional requirements food and clothing standards shall be set as determined by the Government of the Kyrgyz Republic. It shall not be allowed to limit the duration of daily exercise for pregnant women.72 The Law on the Procedure of the Detention requires that juveniles are segregated from adults. However, in violation of the international standards, the Law stipulates that “in exceptional cases, with the written consent of the prosecutor in charge of oversight, it shall be allowed to hold positively characterized adults held criminally liable for the first time for the offenses not related to serious or especially serious crimes in the same cells where juveniles are held”.73 The monitoring findings showed that some of the above provisions are not implemented in practice. For instance, two cases were detected in which juveniles and adults were held in the same cell (the Issyk-Ata District IAB and the Tokmok city IAB TDFs). During the interview, the deputy head of the IAB of one of the districts said that former law enforcement members were detained in a separate cell or in a cell with minors.74 The legal requirement for segregation of suspected and accused persons, persons held criminally liable for the first time and persons previously held in places of confinement, persons suspected and those accused of committing serious crimes under Art. 97 of the KR Criminal Code (Murder) and Art.104 Part 4 (Intended infliction of grievous bodily harm) is violated almost everywhere. The facts of violations were documented during the interviews with the persons detained in the same cell. Such a state of affairs is deemed as violation of Art. 10(2) of the ICCPR by the state (no segregation of accused persons from convicted persons, no separate treatment appropriate to their status as unconvicted persons). This is proved by the decision of the UN Human Rights Committee under the case of Leonid Komarovski v. Turkmenistan, in which the author of the individual communication assures that he had been placed in the same cell with convicted persons without having being explained what exceptional circumstances justify this form of detention.75 The monitoring also revealed the violations of legislative regulations on segregation of infectious detainees. For instance, in the Ton District IAB TDF, a detainee, the active TB patient, was held in the cell with other persons, creating a real threat of contamination and danger to the health of others. 71 Law on the procedure of the detention. Art. 31. Law on the procedure of the detention. Art. 28. Law on the procedure of the detention. Art. 31. 74 Monitoring Report No. 20/16-18/Н. 75 The decision of the UN Human Rights Committee under the case of Leonid Komarovski v. Turkmenistan of 24 July 2008.CCPR/C/93/ D/1450/2006. 72 73 31