• Violation of the Procedure of the Detention of Suspected Persons Under the common rule, only a person administering the criminal proceedings shall be entitled to communicate with suspected persons including, first and foremost, persons detained under that criminal case. Such communication shall in all cases have a specific form and purposes. These are investigative works associated with evidence collection with a detained person involved. If field investigators need to see detainees due to investigative work they carry out, a meeting is only possible upon authorization of a person administering the criminal proceedings. The nature of such a meeting will not be related to legal relationship. None of the parties have binding mutual rights or obligations as in the investigation when each step is regulated by procedural rules.184 The monitoring has revealed cases in which detainees would be taken out of TDFs at night and brought to field investigators who would inflict physical force to compel them to confess guilt. In addition, there were cases documented in which field investigators were allowed to talk to the detainees right in TDFs. Example: an accused woman held in the Issyk-Ata IAB TDF told that she “was taken out of the cell at night and brought to field investigators” who applied physical force and threat to compel her to confess guilt. 185 Example: a convicted person held in the Talas Oblast IAD TDF shared: “A field investigator named K. took me out to the exercise yard and threatened of imprisoning my kids. He also hit me.”186 Example: a detained woman told the monitoring team about the Tokmok city IAB TDF: “Field investigators have an unimpeded access to the cells and can talk to the detainees whenever they want. It is a common practice here.”187 • Intentional non-informing of a detainee of ways and opportunities to defend his own rights Detailed monitoring findings along with the issues of exercising prisoners’ right to information are set out in respective chapters hereof. 5.1.5. LEGALITY OF DETENTION International Standard Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.188 Any form of detention or imprisonment and all measures affecting the human rights of a person under any form of detention or imprisonment shall be ordered by, or be subject to the effective control of, a judicial or other authority.189 A person detained on a criminal charge shall be brought before a judicial or other authority provided by law promptly after his arrest. Such authority shall decide without delay upon the lawfulness and necessity of detention. No person may be kept under detention pending investigation or trial except upon the written order of such an authority. A detained person shall, when brought before such an authority, have the right to make a statement on the treatment received by him while in custody.190 184 186 187 Commentary to the RF Code of Criminal Procedure (Art.-by-Art. analysis). Moscow, VITREM JSC, 2002, pp. 130-131. Monitoring Report No. 5/9/З/1.2. Monitoring Report No. 10/13-15/З/3.9. Monitoring Report No. 4/5-6-9/О/1. 188 ICCPR, Art. 9. 189 Body of principles. Principle 4. 190 Body of principles. Principle 37. 185 68