In case of injury of the detainee, the operational unit of the PDF shall conduct an
examination, materials regarding which, if there is evidence of a crime, are sent to the
prosecutor for a decision on whether to initiate a criminal case for torture.
Despite the fact that 17 detainees at the time of placement in a PDF had injuries on their
bodies, none of them described illegal interrogation methods applied to them.
In the implementation of preventive visits, according to the respondents, it was
established that the beatings continue even after the placement of persons in the PDF. 14
prisoners reported that during their detention in a PDF, police officers took them out from the
PDF, and only 7 of them knew that they are being taken out of a PDF for investigative actions.
During their absence from the PDF, in 6 cases detainees were repeatedly subjected to physical
or mental abuse. For example, one detainee said that the investigator and operation officer
took him out for questioning, where again they used psychological pressure.
The right to freedom from torture and ill-treatment of children in mental health facilities
Analysis of the results of preventive visits in closed children’s facilities showed that the
level of performance of obligations with respect to children's rights to freedom from torture,
the UN Convention against Torture, the UN Convention on the Rights of the Child,11 and the UN
Standard Minimum Rules for the administration of juvenile justice,12 are far from the
requirements specified in the above international agreements.
Protection of rights of children in the Kyrgyz Republic to freedom from torture and illtreatment also remains one of the most pressing problems, despite the presence of criminal
responsibility for acts of torture and ill-treatment of children in national legislation, in particular
in the Children’s Code of the Kyrgyz Republic.13
One of the main problems in the eradication of torture and ill-treatment in closed
children’s institutions remains incomplete compliance of national legislation with international
legislation.
For example, the CC of KR14 does not provide criminal responsibility for torture
committed by persons who are not officials. Torture and ill-treatment are usually applied by
employees of closed children's institutions, such as nannies, cleaners and others. Under
international law15 on the definition of "torture," the circle of torturers, in addition to officials,
includes other persons acting in an official capacity.
Disciplinary measures in any closed institution from which a minor cannot leave on
11
Article 37 of the Convention on Children’s Rights.
Articles 13 and 26 of the UN Standard Minimum Rules for the administration of juvenile justice.
13
Article 16 and 87 of the Children’s Code of KR.
14
Article 305-1 of CC of KR.
15
Article 1 of the UN Convention against Torture
12
National Centre of the Kyrgyz Republic on the Prevention of Torture
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