Recommendations to the Government of the Kyrgyz Republic Transfer the TDF of MoI, TDF of SSDC, TDF of SCNS to the jurisdiction of the SSEP under the Government for effective action to prevent torture and for systematic implementation of the recommendations of the UN Special Rapporteur on Kyrgyzstan on torture. For the same purpose it is necessary to transfer the PDF of the SCNS to the jurisdiction of the SSEP under the Government. For this purpose an appropriate bill shall be developed and submitted to the Jogorku Kenesh. Implementation of the recommendations Refused to implement In paragraph 27 of the Action Plan, "To study the issue of transfer of temporary detention facilities from the jurisdiction of the Ministry of Interior, SSDC to the jurisdiction of the SSEP." The Government organized a joint consideration of this recommendation with these government agencies (MoI, SCNS, SSDC and SSEP), which declared that it would not be possible to transfer these institutions for the following reasons:  TDFs contain suspects of a crime; their detention in the SSEP system would violate their rights and freedoms;  It is necessary to conduct an audit of a large amount of normative legal acts; It is necessary to raise additional funds for the construction of facilities and expansion of staff of the SSEP. Opinion of the National Centre As a result of visiting of closed institutions of law enforcement agencies, the National Centre came to the unequivocal conclusion that the transfer of the TDFs to the jurisdiction of the SSEP, as a body which does not carry out investigative activities, will lead to a systemic change in the prevention of torture. The staff of the National Centre visited detention centers across the country 490 times. Some of these visits were carried out together with independent medical staff, and involved meetings with victims of torture, detainees and their lawyers. In practice we have seen that torture is committed during the preliminary investigation by mainly employees of operational and investigative units. Cases of torture against Bakachiev U., Kenenbaev A., Dzhumabaev D., and Derkembaev A., confirm this. Such cases are from all regions of the country (Bakachiev U. and Derkembaev A. are from Bishkek, Kenenbaev A. is from Karakol, Dzhumabaev D. is from the Osh region). There are repeated cases when detainees who are held in/before the TDFs are tortured, but did not tell the defense lawyers, 86 | Annual Report 2014

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