Diagram № 6
TDF. Period during which the torture was applied
The CPC of KR does not regulate the procedure for the pre-investigation within the pretrial proceedings, does not determine the status of people involved in it, and does not provide
their rights, which is the reason for the lack of guarantees of these rights.
Since persons are not entitled to a procedural status, they cannot rely on rights provided
by the law for parties of the proceedings, they shall not be "interrogated", but "questioned",
they shall not be "called for questioning", but "invited for an interview," a lawyer is not
provided, relatives are not informed about their whereabouts, etc. These questions are not
regulated by the Law "Enforcement Operation Act.”
This gap in the criminal process directly contributes to the risk of torture at a
preliminary stage of criminal proceedings against persons involved in criminal proceedings.
They are kept for a long time in various unofficial places of detention and are tortured. And
only after confessions are obtained, the official protocol of their detention is formalized, which
does not indicate the date and time of actual arrest, and time when the person is put in the
TDF.
For example, on May 24, 2014, information
about the torture of Bakachiev U., Kadyrov K. and
Suranaliev M. by the officers of the DIA in the
October region of Bishkek for extraction of
confessions, was received.
National Centre of the Kyrgyz Republic on the Prevention of Torture
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