2015 which “[…] serves as a road map identifying the process of modernizing prosecutorial bodies.
The strategy is hinged upon the need to adopt measures aimed at reforming prosecution agencies in
order to protect human rights and freedoms and the state’s interests, to increase the effectiveness of
activities carried out by prosecutorial offices, to improve supervisory activities and to develop
resource service provision in prosecution bodies.”13 A specific action plan has been devised to
implement the Development Strategy. These efforts on the part of the Prosecutor General’s Office
validate the belief that certain tangible changes in administering prosecutorial supervision regarding
the respect for human rights and freedoms among those in detention, including the right to freedom
from torture, can be expected with much likelihood in the near future, while some other changes
can be expected at a certain point in the future.
Certain actions aimed at enforcing recommendations that do not require high budget expenses have
been undertaken by the leadership of the MoI and administration authorities of several TDFs under
internal affairs bodies.
The report contains cases when staff members of territorial internal affairs bodies, using their own
resources, organized repair works in the premises of TDFs and carried out, with the support of local
organizations, a number of activities to improve detention conditions. During the 2012 monitoring,
observers noticed posters with information about rights and regulations in Kyrgyz and Russian in
the cells of some TDFs, as well as video-surveillance devices and equipment installed in small
libraries. It is important that the leadership of the MoI and regional internal affairs bodies be
interested and provide assistance in implementing recommendations on training their personnel in
the area of human rights.
The project team’s position on whether or not recommendations can be regarded as implemented is
presented in the table below. The selection of one position or the other depended on whether or not
any improvement occurred throughout the year in a particular area in which the specific
recommendation was made. No position has been produced as regards those issues which were not
the subject of the 2012 monitoring study.
№
Recommendations
(2011 monitoring study findings)
Implementation of
recommendations
Jogorku Kenesh (Parliament) of the Kyrgyz Republic
1.
To introduce amendments in Article 305-1 (Torture) of the CC KR in order
to criminalize torture in full compliance with the requirements of the UN
Convention Against Torture and to ensure fullness and accuracy in
implementing the notion of torture as it is spelled out in the Convention. At
the same time, to extend the list of optional features related to the
subjective side of elements of torture as required by the Convention
(purpose and intent) and to strengthen punishment for torture which will
allow to classify this offence as “serious” or “very serious”.
13
implemented
Development Strategy of Prosecution Agencies in the Kyrgyz Republic by 2015. Approved by the Prosecutor
General’s Order of 18 January 2012, Ref. No. 4.
12
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