- - - - - Being based on the Memorandum of Understanding between the Organization for Security and Co-operation in Europe and the Government of the Kyrgyz Republic on the establishment of the OSCE Centre in Bishkek as of 3 December 1998; Determined to support the implementation by the Kyrgyz Republic of existing international human rights obligations, including the applicable OSCE human dimension commitments; Inspired by the provisions of the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, ratified by the Kyrgyz Republic on 29 December 2008 (Law no. 52 of 5 April 2008); Convinced that the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment can be strengthened by non-judicial means of a preventive nature, based on unannounced regular visits to places of detention; Welcoming the willingness of the Ombudsman of the Kyrgyz Republic and of nongovernmental organizations to cooperate with a view to improve the human rights situation in the Kyrgyz Republic including in the area of torture prevention, with assistance by the OSCE Centre in Bishkek; Within the boundaries of their respective mandates, the Parties decide to set out the framework for their future cooperation in the following Memorandum: Article 1 In line with its mandate, the Institution of the Ombudsman of the Kyrgyz Republic undertakes to: 1. Establish and maintain cooperation with nongovernmental organizations active in the Kyrgyz Republic on issues related to the protection of human rights and fundamental freedoms. 2. Actively participate in initiatives aimed at building the capacity of the Institution of the Ombudsman of the Kyrgyz Republic (including its regional offices) organized inter alia by local or regional human rights organizations, the OSCE or other international organizations. 3. With a view to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment, actively engage in monitoring places of detention or restriction of liberty jointly with partner civil society organizations, including but not limited to: pre-trial detention centres (SIZO), various types of temporary detention facilities, including temporary detention isolators (IVS), police cells, detention-redistribution centers of the Ministry of Interior, disciplinary military detention facilities of the Ministry of Defense (“Gauptvahty”), administrative detention facilities of the border control authorities, temporary reception and lodging facilities for IDPs and asylum-seekers, centers for adaptation and rehabilitation of minors, military facilities under the Ministry of Interior, the Ministry of Defense, the State Committee on National Security, Ministry for Emergency Situations and any other facility controlled by law enforcement authorities, as well as mental health institutions, medical facilities for compulsory treatment of persons addicted to alcohol or drugs, state-run and other types of medical-social care institutions for elderly (including nursing homes), minors (including orphanages), persons with disabilities, and specialized institutions for minors that require special care and education (hereinafter: “places of detention”); 4. As necessary ensure access to places of detention for partner civil society and international organizations. 5. Exchange information with and involve in regular monitoring activities - as well as in the preparation of reports and recommendations stemming from regular monitoring, where relevant- partner civil society organizations and relevant international organizations. 6. Cooperate with partner civil society organizations and with relevant international organizations in developing and implementing effective mechanisms to prevent and combat torture in the Kyrgyz Republic, in line with Kyrgyzstan’s international human rights obligations. 7. Coordinate and cooperate with partner civil society organizations and when necessary with relevant international and nongovernmental organizations in promoting human rights and fundamental freedoms, as well as early warning, conflict prevention, conflict resolution and peace building. Article 2 The NGO “Kylym Shamy” undertakes to: 1. Actively cooperate with the Institution of the Ombudsman of the Kyrgyz Republic on issues related to the protection of human rights and fundamental freedoms. 2. In cooperation with partner civil society organizations, participate in joint visits to places of detention with the Institution of the Ombudsman of the Kyrgyz Republic with a view to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment by way of regular and unannounced monitoring. 3. Engage where relevant in joint activities with the Institution of the Ombudsman of the Kyrgyz Republic other  Law no. 136 of 31 July 2002. 90

Select target paragraph3

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