As per this Instruction, all prosecutors shall systematically conduct unannounced inspections in IAB TDFs
and visit offices of his subordinate authorities, speak with persons, review complaints registers, pay attention
to bodily injuries, find out if any medical certification of suspected or accused persons had been done when
bringing them to places of detention, immediately respond to each case of reporting torture, cruel treatment or
punishment, and promptly file lawsuits taking them under special control once corpus delicti is defined.
All detainees confirmed that TDFs are inspected by their administration and IAB management on daily basis. It
appears that a departmental inspection by TDF administration and IAB management is, too, limited to a formal
questioning of detainees about their complaints and statements, and writing down of old familiar phrases into
the Inspection Book or the Inspector’s Book.
Violations detected by the observers have not been timely revealed by departmental inspectors and no measures
had been taken. Hence, the departmental control over respect for prisoners’ rights and liberties appears to be
ineffective either.
The monitoring showed that a too broad sphere of the KR Ombudsman’s activities and his authorized
representatives in Oblasts makes it impossible to ensure effective control over respect for prisoners’ rights and
liberties. As it follows from the explanations of IAB TDF Heads and personnel, the Ombudsman and his Office
manage to visit the same TDF twice or thrice a year. At the same time, some IAD TDFs remain outside of the
Parliament’s control area.
Examples: Head of the Alay District IAD TDF: “The Ombudsman has never visited us.” 250
Head of IADT (in transport): “The Ombudsman has never visited us.” 251
Yet, in recent years the role and the importance of public control over respect for human rights and liberties at
IAB TDFs have enhanced significantly through monitoring of these facilities by nongovernmental organizations
as part of their charter activities and based on Memoranda with the management of regional divisions of the
KR IABs.
All these organizations united under the Memorandum signed by and between OSCE, the Ombudsman and
nongovernmental organizations, and their representatives became members of the monitoring teams.
In future such efficient collaboration may be possible within the framework of the National Preventive Mechanism
(NPM) which should be established in the Kyrgyz Republic under the Optional Protocol to the UN Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. All these organizations took
active part in discussing the model and the regulatory framework for the future of Kyrgyzstan’s NPM. A draft
law on creating a NPM is currently being reviewed by the Kyrgyz Republic Jogorku Kenesh.
5.1.9. WORKING ENVIRONMENT OF TDF PERSONNEL
International Standard
The prison administration shall provide for the careful selection of every grade of the personnel, since it
is on their integrity, humanity, professional capacity and personal suitability for the work that the proper
administration of the institutions depends. … Salaries shall be adequate to attract and retain suitable men and
women; employment benefits and conditions of service shall be favorable in view of the exacting nature of the
work.252
The administration should introduce forms of organization and management that facilitate communications
between different categories of staff in each detention facility so as to enhance co-operation between the
various services engaged in the care of juveniles, as well as between staff and the administration, with a view to
250
Monitoring Report No. 23/23-24-25/Н/1.0.
Monitoring Report No. No. 9/1/Н/1.0.
252
Minimum Standard Rules, rule 46.
251
79
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