Understanding the importance of this issue, the Government proposes to consider the
possibility of supplementing Article 155, Part 4 (“Mandatory adoption and review of reports
and information about crime") of the CPC of KR, which provides the following procedure: a
statement or information about a crime made by any of the participants in the judicial process
of proceedings is entered into the protocol, and in the absence of information about the results
of their testing in the pre-trial stage of proceedings, the statement is sent to the prosecutor to
ensure the compliance of actions specified in part one of this article, and the court shall issue a
ruling. The trial continues in a general manner.51
Also, an effort to raise awareness is planned among employees of the General
Prosecutor’s Office, the Ministry of Interior, the SCNS, the State Service for Drug Control, State
Service for Combating Economic Crimes, SSEP, State Customs Service and judges about their
role in the prevention of torture and ill-treatment. Mandatory training is planned on
international standards relating to the prohibition of torture, the provisions governing the
investigation of torture and ill-treatment, and methods of interrogation. Training courses for
investigators, prosecutors and judges are being prepared and organized. 52
5.2.
Documentation of torture and ill-treatment
One of the important problems in the protection against torture and ill-treatment is the
problem of effective documentation of evidence of torture to ensure the realization of the right
to protection and effective investigation.
Proper medical documentation can detect, identify and publicize evidence of torture
and ill-treatment in order to bring the perpetrators to justice.
Talking about the quality of medical examination in the Kyrgyz Republic, it is worth
noting that despite the requirement of Article 40 of the CPC that "whenever suspected or
accused are delivered to a temporary detention facility, as well as receipt of a complaint from
them or from their defense lawyer or relatives about application of physical violence by
employees of the inquiry and investigation, he/she shall be subject to compulsory medical
examination with the preparation of the relevant document,” in practice often a medical
examination does not meet the requirements for this procedure, and is a mere formality. A
medical examination is not always carried out at each delivery of a detainee to a TDF.
51
An action plan to combat torture and other cruel, inhuman or degrading treatment or punishment, paragraph 1.
An action plan to combat torture and other cruel, inhuman or degrading treatment or punishment, paragraph
19.
52
National Centre of the Kyrgyz Republic on the Prevention of Torture
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