The law on “Protection of the Kyrgyz People’s Health” establishes an inalienable right to protection of health
for all citizens, regardless of gender, race, nationality, language, social origin, employment status, residence,
religious beliefs, convictions, membership in civil societies, and other factors granting the right to receive
health, medical and social care.117 The Government of the Kyrgyz Republic must ensure the constitutional rights
of its citizens pertaining to health care.118
In accordance with the same law, persons whose liberty is restrained in an extrajudicial manner, who serve
their sentences as per a court order out of places of detention, and who are placed into temporary detention
facilities shall receive medical or sanitary aid from departmental medical and sanitary services or municipal
health organizations based on signed agreements and in accordance with the procedure established by the
Government of the Kyrgyz Republic.119
According to the KR Code of Criminal Procedure, every time a suspected person is placed in a temporary
detention facility and also when this person, his counsel, or his family makes a complaint regarding physical
abuse inflicted by agencies of inquiry or investigation, the suspected person shall undergo a compulsory and
documented medical certification. The responsibility for overseeing the medical certification shall rest with the
administration of the temporary detention facility.120
Similar legal provisions apply to an accused person in every case of his placement in a temporary detention
facility, as well as in case this person, his counsel or his family complains about physical abuse inflicted by
agencies of inquiry. 121
The Law of the Kyrgyz Republic on the procedure of detention guarantees the right of a suspected or accused
person to receive health and sanitary care including during investigatory and trial periods.122
The administration of places of detention must carry out medical, disease-preventive and sanitaryepidemiological work in accordance with the law on protection of health of Kyrgyz citizens.
If a suspected or accused person receives bodily injuries, a medical officer of the place of detention must
promptly provide medical aid, and medical certification results must be documented in accordance with the
established procedure and announced to the injured party. By a decision of a head of the detention facility, or a
person or a body in charge of the case, or per request of a suspected or accused person, or his counsel, medical
certification may be performed by staff of health care institutions.123
The Internal Regulations state that the TDF’s management must conduct medical & preventive and sanitaryepidemiological work in accordance with the law on protection of health of Kyrgyz citizens.
The Ministry of Health and the Interior Ministry shall establish procedures for the provision of medical aid,
including psychiatric care, to suspected and accused persons, as well as procedures pertaining to hospitalizations
and recruitment of medical staff.124
The staff of temporary detention facilities must inquire from persons delivered to these facilities about their
health in order to establish whether a detainee may require medical care. In cases when a detainee complains
about an ailment or possesses visible symptoms of poor health, a TDF officer-on-duty must immediately call
the ambulance.
117
Law on Protection of the Kyrgyz People’s Health. January 9, 2005, No 6 (amended 28 December 2006 No. 224, 17 February 2009 No. 53, 17 April
2009 No. 129). Art. 61.
118
Law on Protection of the Kyrgyz People’s Health. Art. 8.
119
Law on Protection of the Kyrgyz People’s Health. Art. 33
120
Code of Criminal Procedure of the Kyrgyz Republic. Art. 40(5).
121
KR Code of Criminal Procedure. Art. 42(7).
122
Law on the procedure of the detention. Art. 16.
123
Law on the procedure of the detention. Art. 23
124
Internal Regulations. Par. 5.1, 5.2.
52
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