The law clearly specifies cases in which TDF personnel may apply physical force. However, the monitoring has revealed no such cases when it would be necessary to apply physical force or when such force had been applied. There was a case described in prior part of the report in which Issyk-Ata TDF staff illegally inflicted physical force against prisoners after they had stoked up a war of words. As it was mentioned , the Issyk-Ata District Prosecutor’s Office denied institution of criminal proceedings. The observers registered one case when members of staff of the Moscow district IAB TDF together with field investigators had beat a detainee several times and then they hung him on the window bars and left him there for a night. By doing this, they wanted to punish him for telling the observers about torture he had been subjected to.236 5.1.8. CONTROL AND OVERSIGHT ON RESPECT FOR RIGHTS AND LIBERTIES AT TDFs. International Standard Penal institutions and services shall be subjected to regular inspections by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in accordance with the existing laws and regulations and with a view to bringing about the objectives of penal and correctional services.237 In order to supervise the strict observance of relevant laws and regulations, places of detention shall be visited regularly by qualified and experienced persons appointed by, and responsible to, a competent authority distinct from the authority directly in charge of the administration of the place of detention or imprisonment.238 Similar requirements are set out in the UN Rules for the Protection of Juveniles Deprived of their Liberty.239 In-country Legislation The Law on the Procedure of the Detention provides for the right of the President of the Kyrgyz Republic, Toraga of the Kyrgyz Republic Jogorku Kenesh, Prime Minister of the Kyrgyz Republic, Deputies of the Kyrgyz Republic Jogorku Kenesh and the Ombudsman of the Kyrgyz Republic to visit, without any special permission, facilities where suspected or accused persons are detained.240 The Internal Regulations extend the list of officials by including General Prosecutor of the Kyrgyz Republic and Supervising Prosecutor.241 Parliamentary control over observance of the constitutional human and civil rights and liberties within the Kyrgyz Republic and within its jurisdiction shall rest with by the Ombudsman of the Kyrgyz Republic on an on-going basis. The Ombudsman has the right to visit places of detention or imprisonment, pre-trial detention facilities, facilities for serving the sentence and compulsory medical treatment and correctional education facilities, and mental hospitals at any time, as well as to speak in private with people held there, receive information on conditions of their detention and inspect documentation confirming legality of holding these persons in the aforesaid facilities.242 Instruction “On Guarding and Convoying Persons Held in TDFs on Suspicion of Committing Crimes” approved by the KR Interior Ministry’s order No.263 as of March 29, 2010, clearly specifies frequency of inspecting the organization and guarding and convoying by heads of IABs and inspectorial personnel. 236 Monitoring report No. 1/6-7/З/1.3. Standard minimum rules, rule 55. 238 Body of Principles, principle 29. 239 UN Rules for the Protection of Juveniles Deprived of Their Liberty, rules 72, 74, 77. 240 Law on the procedure of detention, Art. 17-1. 241 Internal Regulations, par. 4.17. 242 KR Law on Ombudsman, Art. 1,8 part 10. 237 77

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents