■
the attitude of the prosecution bodies to the problem of torture and ill-treatment has
changed for the better, and became much more active;
■
in every nine out of ten cases involving statements on torture, there is a refusal to
initiate criminal proceedings, which violates the principles of effective investigation of
allegations of torture, according to which the investigation must be able to gather evidence to
determine whether the behavior is illegal, and to identify and punish those responsible;
■
the practice of issuing and cancellation of the decision not to institute criminal
proceedings and the conducting of additional checks on the allegations of torture, which can
last up to a year or more, violates the principles of effective investigation of allegations of
torture, according to which an investigation should be carried out quickly and actively support
the trust in the rule of law;
■
the decision to dismiss the criminal case is not accepted as part of a full investigation,
and there is a limited capacity of the investigator during the preliminary examination to most
effectively collect evidence;
■
the applicants’ access to the materials of the preliminary examination is the necessary
foundation for the realization of their right to appeal against the decision to refuse to initiate
criminal proceedings. The current practice limits the applicants’ right to such access, results in
non-notification of a decision on the results of the inspection of the decision, violates the
principles of effective investigation of allegations of torture, according to which applicants must
participate in the processing of the complaint to ensure their legitimate interests.
TO THE GENERAL PROSECUTOR’S OFFICE OF THE KYRGYZ REPUBLIC
Recommendations
●
To have a prosecutor at the regional level, who exclusively deals with the investigation
on the use of torture by officials, and who is directly subordinate to the General Prosecutor's
Office;
●
in the organization of work to eliminate conflicts of interest in the implementation of
the main functions of the prosecution (investigation): supervision over the legality and State
prosecution in court.
TO THE MINISTRY OF FINANCE OF THE KYRGYZ REPUBLIC
Recommendations
To ensure timely funding for the effective functioning of the Law "On the National
Centre for the Prevention of Torture.”
12 | Annual Report 2014
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