●
to ensure access of detainees to health care at any time;
●
to bring into effect the Practical Guide on effective documentation of violence, torture,
and other cruel, inhuman or degrading treatment or punishment, approved by the Ministry of
Health of KR, for medical examinations of prisoners at the time of admission to the TDF of the
IAB, as well as at their each conveyance back to the TDF after the removal from the TDF for
investigations;
●
to place informational stands (posters) with information in large print on the rights and
rules in each cell in Kyrgyz and Russian languages (if possible, in other languages). The data in
the stands must be developed in conjunction with independent experts.
Conclusions
■
the norms of the CPC of the Kyrgyz Republic do not fully comply with the
constitutional provisions establishing the right to protection, and formally limit their scope by
linking it to a certain procedural status of a suspect or accused;
■
in fact, the detainee may not always utilize the help of a lawyer; using this, investigators
apply torture and ill-treatment in order to extract confessions;
■
the problem of participation of "duty" lawyers still remains; formal activities at certain
extent reassures officials in impunity for the use of illegal methods of investigation and inquiry;
■
a lack of mechanisms to monitor the quality of the work of lawyers within the stateguaranteed legal assistance program, reduces the quality of their services and causes
widespread violation of professional standards of ethics of defense lawyers. Legal assistance at
the expense of the State is not effective.
TO THE MINISTRY OF JUSTICE OF THE KYRGYZ REPUBLIC
Recommendations
●
increase of tariffs of payment to lawyers for provision of legal assistance guaranteed by
the State in order to attract experienced lawyers qualified to provide services to their clients;
●
the creation of a mechanism for monitoring the quality of legal assistance of EACH
lawyer and adoption of appropriate action in relation to "on duty" lawyers, including
deprivation of a license to practice law;
STATE SERVICE FOR THE EXECUTION OF PUNISHMENTS
Recommendations
●
to ensure the mandatory primary medical examination, as well as mandatory medical
examination at every conveyance;
●
obligatory filling of all documentation of institutions, especially the journal on
registration of complaints of detainees on health and injuries, by inspection of the newly
10 | Annual Report 2014