■ 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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