2. FINDINGS AND RECOMMENDATIONS
Recommendations developed based on the monitoring of IAB TDFs are aimed at assisting in improving the
procedure and conditions of the detention of persons at KR IAB TDFs in line with the Standard Minimum
Rules for the Treatment of Prisoners, and improving the human rights situation at these facilities.
All of these recommendations are derived from international standards which establish an absolute prohibition
against torture, the requirement for effective investigation against every complaint about torture and inevitability
of punishment for torture, specific recommendations of international human rights agencies, in particular the
UN Committee Against Torture, as well as the latest recommendations on combating torture that Kyrgyzstan
received in June 2010 as part of the Universal Periodic Review.
Jogorku Kenesh of the Kyrgyz Republic
Finding: The KR in-country legislation stipulating criminal prosecution for torture does not fully comply with
the international standards in the area of effective criminalisation of torture.
Recommendations:
3. To amend Art. 305-1 (Torture) of the KR Criminal Code to ensure that torture is criminalised as specified
by the UN Convention Against Torture and that the conventional concept of torture is implemented
fully and correctly. To ensure that the list of optional characteristics of the mental element of torture
is expanded as specified by the UN Convention Against Torture (intent and motive), and to make
sanctions for torture more rigorous which will help classify torture as a serious and an especially
serious offense.
4. To amend torture related Articles (Art. 304 “Abuse of Office”, Art. 305 “Exceeding Official Authority”,
Art. 316 “Negligence”, Art. 325 “Compulsion of Evidence”, Art. 332 “Bribery or Compulsion of
Evidence or Evasion or Mistranslation”) to avoid duplication of the Articles establishing liability for
torture.
5. To amend Art. 4 of KR Law on “General Principles of Amnesty and Pardon” to state that prisoners
convicted of a crime stipulated by Art. 305-1 of the KR Criminal Code cannot be included in amnesty.
By doing this, Kyrgyzstan will implement a recommendation of the UN Committee Against Torture
as of 18 November 1999 whereby the country has to ensure that amnesty laws do not apply to torturerelated crimes.
Finding: Torture against persons suspected or accused of committing a crime is mainly used to procure
confessionary statements. Amendments to the procedural law are needed to establish extra guarantees of the
prevention of torture and ill-treatment.
Recommendations:
1. To amend the KR Code of Criminal Procedure to give priority to evidence produced during court
hearings in order to prevent cases of “beating out” confessionary statements by law enforcement at
the investigation stage. To introduce a provision in Art. 81 of the KR Code of Criminal Procedure
(Evidence) that stipulates that any evidence given by a person suspected or accused of a felony at the
pre-trial procedure stage but not confirmed by him/her in court shall be deemed inadequate evidence.
Assurance of proper compliance with this provision will make it futile to torture people with the purpose
of obtaining confessionary statements as they will no longer be conclusive indicators of guilt in court.
To amend the KR Code of Criminal Procedure and the Law on “Procedure and Conditions of the
Detention of Persons Suspected or Accused of a Crime” to include a provision establishing the right of
suspects to one free telephone conversation with any family member, relative, or any other person the
suspect chooses, to both inform them of the arrest and the detention facility’s location.
2. To amend Art. 17 of the KR Law on “Procedure of the Detention of Persons Suspected or Accused of a
Crime in Custody” and remove the provision whereby “a defender is allowed to communicate with the
accused only upon providing a confirmation in writing of the defender’s involvement in the criminal