2. CONCLUSIONS AND RECOMMENDATIONS The 2011 monitoring report identified some important conclusions on which basis specific recommendations were submitted to the attention of the Parliament, the Government, the Prosecutor General’s Office, the Supreme Court, the Ministry of Interior, and the administration of TDFs under internal affairs bodies in the Kyrgyz Republic. In a logical fashion, before presenting new recommendations based on the monitoring throughout 2012 it makes sense to analyse trends related to the implementation of recommendations submitted in 2011. Regrettably, no significant changes have been observed in this area, although the key government agencies to which the recommendations were addressed had become active participants of the 2012 Memorandum and for about eight months they were intensely collaborating with the project team. The majority of issues highlighted in the 2011 monitoring report conclusions remain relevant today. Relevance today Conclusions (2011 monitoring report findings) 1. 2. 3. 4. National legislation of the Kyrgyz Republic providing for criminal liability for torture is not fully in line with international standards on effective torture criminalization. Torture against those suspected of and charged with committing offences is most often practiced in order to obtain confessionary statements. Amendments are required in procedural legislation establishing additional guarantees to prevent torture and maltreatment. According to the CPC KR, special investigation activities by inquiry agencies aimed at crime prevention and identification of perpetrators (crime detection) are part, albeit a special part, of criminal justice, and as stipulated by Article 1 of the CPC KR, they should be regulated by the CPC KR. No single norm of the CPC KR regulates the procedure for carrying out special investigation activities, nor does it determine the status of persons involved in carrying out such activities, and most importantly, nor does it provide for their rights and duties. Assumedly, these issues are regulated in the Law “On Special Investigation Activities” which is not true, however. The cases are not rare when CIU officers do not allow defence lawyers to meet with a client whose involvement in the offence is under question, validating their decision by stating that a person is not arrested, but rather is invited for a conversation, and that the Law “On Special Investigation Activities” does not provide for a lawyer to be present during a special investigation activity called “interview”. Since there is no clear norm in this Law, it should be spelled out in the CPC KR, as required by Article 1 of the Code. According to the Constitution, international agreements that came into force as prescribed by law and that were signed by the Kyrgyz Republic, as well as commonly accepted principles and norms of international law, are an integral part of Kyrgyzstan’s legal system, while international human rights treaties are to be applied directly and take precedence over other international agreements. These constitutional provisions are not followed. less relevant relevant relevant relevant It should be admitted that the impact of some recommendations, if implemented, can only become visible after a certain, sometimes a rather lengthy, period of time. As regards such recommendations, sometimes they are the efforts undertaken by a public body or public official to whom these recommendations were directed that matter. In this regard, it is worth mentioning the Prosecutor General’s Office of the Kyrgyz Republic. All recommendations directed to the highest-level supervisory body were, as regards the underlying ideas, included in the Development Strategy of Prosecution Agencies in the Kyrgyz Republic by 11