The General Prosecutor’s Office of the Kyrgyz Republic issued a special directive requiring the prosecutor's office "in establishing the elements of a crime on the facts of torture and other cruel, inhuman or degrading treatment or punishment, to promptly initiate criminal proceedings, taking them under special control" and "to entrust the investigation of criminal cases on torture and other cruel, inhuman or degrading treatment or punishment, to the most experienced workers," and "to conduct a full investigation, objectively and comprehensively, with the criminal prosecution of the perpetrators."46 Pursuant to a special order of the General Prosecutor of the Kyrgyz Republic, the systematic practice of dawn raids has been introduced and is still conducted in the police control system, cells of detainees for administrative offenses, TDF of the IAB and the body on drug control, guardhouses of military units, disciplinary part of the Ministry of Defense, PDFs, and correctional institutions of the SSEP. 47 One of the reasons for the refusal to institute criminal proceedings is the lack of elements of a crime. Such decisions are not made within the framework of a full investigation, but in the limited capacity of the investigator during the preliminary examination. During this process it is not possible to carry out such necessary investigations as the presentation for identification, confrontation, search, seizure, etc. Thus the possibility to most effectively collect evidence is absent. All of these features are fully necessary for a decision to initiate a criminal case. This practice is not consistent with the principle of adequacy, according to which the investigation must be able to gather evidence to determine whether the behavior is illegal, as well as to identify and punish those responsible. Inevitability of punishment and zero tolerance for torture, in addition to their official declaration, should actually be seen in law enforcement. The effectiveness of the fight against torture can be judged in the number of criminal cases initiated in response to allegations of torture and the number of sentences imposed by the courts against those responsible for torture.48 As practice shows, often the investigator makes a decision not to institute criminal proceedings, so as not to disturb the limit for checking statements about the crime 3 (10) day period, despite the fact that all the necessary verification measures were not completed. There is a lack of response from the prosecution to appeals from the National Centre about the need for action on the facts of torture. 46 Directive of the General Prosecutor of the Kyrgyz Republic, dated September 6, 2011, №70-u. Directive of the General Prosecutor of the Kyrgyz Republic, № 40 dated April 12, 2011, “On strengthening prosecutorial oversight of the constitutional guarantee of the prohibition of torture and other inhuman, cruel, degrading treatment or punishment." 48 http://www.open.kg/ru/tele/?id=404. 47 66 | Annual Report 2014