Presumably, these confinement conditions can provoke frequent escapes. Staff of the
National Centre witnessed escapes. During one of the visits, one patient tried to escape from
the National Mental Hospital in Chym-Korgon village. According to him, he was caught by the
sanitary assistant of the institution and beaten in the temporal fossa part of the left side of the
head, the effect of which was recorded (see photo).
This case was recorded; the injured person refused to file an application for fear of
being punished after staff of the National Centre left.
Or, for example, at the time of the next visit to these facilities, one of the patients was
unreasonably beaten by a nurse with the iron post of the window frame. The result of this
incident was recorded by the staff of the National Centre and by the management of the
psychiatric institution; measures of removal of the employee from his position were taken.
2.3 . The right to legal protection
UN Basic Principles regarding the role of
lawyers secure the right of everyone to seek help
from a lawyer of their choice to protect and defend
their rights and to maintain protection at all stages
of the criminal process. The arrested, shortly after
his/her arrest, should be informed by the competent
authority about this right. If the arrested does not
have a lawyer of his/her choice, he/she, in all cases
where the interests of justice so require, shall have
the right to have a lawyer appointed for him/her by
a judicial or other authority, without payment by him/her if he/she does not have sufficient
funds.19
The ICCPR provides that in the determination of any criminal charge against a person,
he/she shall have adequate time and facilities for the preparation of his defense and to
communicate with a lawyer of his own choosing and to be tried in the presence of the lawyer,
and to defend himself in person or through legal assistance of his own choosing; to be
informed, if he does not have legal assistance, of this right; and to have legal assistance
assigned to him, in any case where the interests of justice so require, and without payment by
him in any such case if he does not have sufficient means to pay for it. 20
19
20
UN Basic Principles, Principle 18.
ICCPR, Article 14 (3)(b) and (d).
32 | Annual Report 2014
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