prosecutor of the detention in writing within twelve hours after the record of arrest is drawn up. In addition, Art. 98 of the KR Code of Criminal Procedure contains a provision whereby persons detained on suspicion of committing a crime shall be held in a temporary detention facility only. However, the monitoring has revealed numerous cases in which these requirements are not met, and detainees are held anywhere else than in a TDF. In these circumstances, agencies of inquiry are free to do to the suspects whatever just to solve crimes in committing of which they are suspected, and to compel them to confess guilt in committing other crimes that are “not solved yet” and with which they have nothing to do. In accordance with the procedure of arresting a person suspected of a crime, a record of arrest shall be drawn up no later than three hours after the actual delivery of the detained. After that, he shall be placed in a TDF. The record of arrest shall specify time of detention (hour and minutes) which shall be the start time for the 48-hour period of detention. The monitoring has revealed that in 38 cases suspected persons were placed into TDFs much later than the actual time of detention. This time interval varies from several hours to several days: Diagram 24. Violation of the Procedure of Arrest. Example: Detained on October 12, 2011, an accused person was subjected to threatening by personnel of Talas IAB who sought to compel him to confess guilt. It was not until October 14, 2011, that this person was placed into a TDF of Talas Oblast IAD. 181 Example: Detained on August 16, 2011, a defendant was subjected to torture by two law enforcement members of Kemin district IAB. They broke his ribs and placed him into a TDF on August 18, 2011. 182 • Violation of the right to defense Article 40 (part 1, par. 4) of the KR Code of Criminal Procedure stipulates that a suspected person shall have a counsel from the moment of his actual delivery to the agency of inquiry. Example: Detained on October 20, 2011, an accused was subjected to threatening to confess guilt at Talas district IAB. He was placed into a TDF of Talas Oblast internal affairs department on October 31, 2011. An attorney joined the process when the accused was delivered to court for issuing a warrant.183 181 182 183 Monitoring Report No. 10/12-14/З/1.4. Monitoring Report No. 6/6/З/1.1. Monitoring Report No. 10/12-14/3/1.7. 67