5.2.2. USE OF NATIONAL MECHANISMS OF HUMAN RIGHTS PROTECTION The Constitution of the Kyrgyz Republic guarantees the right of every individual to the judicial protection of his rights and liberties set forth in the Constitution, laws, international treaties to which the Kyrgyz Republic is a party, and universal principles and rules of international law. The state shall ensure the development of extrajudicial and pre-trial methods, forms, and means of protecting human and civil rights and liberties. Each and every person has the right to protect his rights and liberties in all ways not prohibited by law.271 According to the KR Code of Criminal Procedure, every person is guaranteed access to judicial protection of his/her rights and freedoms on any stage of the legal process. By law, victims are guaranteed access to justice and compensation for any harm caused to them in the events and in accordance with the procedure established by law.272 Within the limits of its competence, the Public Prosecutor’s Office is responsible for ensuring that search and investigation agencies comply fully and uniformly with these legal provisions.273 The court, judge, prosecutor, and investigator are obliged to ensure the protection of the rights and freedoms of citizen participants in the criminal justice system, to create and maintain optimal conditions for the realization of these rights and freedoms, to take timely measures to satisfy the legal demands of citizen participants.274 The rights and obligations of attorneys carrying out professional activities and providing legal aid are clearly provided in the Law of the Kyrgyz Republic on “Counseling.” According to Art.12 of this law, attorneys in the professional context shall have the right to represent and protect the rights and legitimate interests of citizens assigned to them by any agency, company, institution, or organization, regardless of the form of incorporation, whose competence includes resolution of corresponding issues, making petitions and complaints, and, in correspondence with law, making complaints about the actions of investigatory officers, law enforcement officers, prosecutors, judges, and courts, and participation in assessing these complaints, and also using any other methods and means of protection provisioned by the law. Guided by the above mentioned provisions of KR law, attorneys within the scope of the project utilized all available legally-provisioned means and methods to protect aid-seeking individuals. Based on the results of project-sponsored lawyers’ juridical support, three criminal proceedings were instituted: 1. Concerning an alleged violation of Chapter 1 of Article 129 of the KR Criminal Code, a criminal case is being brought against an unidentified IAB staff member who, on June 25, 2011 in a TF room, raped a female minor (born 1996) with the purpose of intimidation and compulsion. The criminal case is under production in the prosecutor’s office. 2. Concerning an alleged violation of Chapter 4 of Article 104, Chapter 2 of Article 305 pp.3-5, Chapter 1 of Article 305, and Chapter 1 of Article 313 of the KR Criminal Code, a criminal case is being brought against Bazar-Korgon District IAB members who applied physical force to extort a substantial amount of money from Kholmirzaev U., who succumbed to the bodily injuiry caused by torture. The criminal case is under review by the Sokuluk district court. 3. Concerning an alleged violation of Article 305, Chapter 2, page 3 of the KR Criminal Code, a criminal case is being brought against an officer of the Search and Investigation Department of the Chui oblast IAD, who physically assaulted a suspect in order to compel to confess guilt. The proceedings are at the stage of investigation. 271 KR Constitution, Art. 40. KR Code of Criminal Procedure, Art. 9. 273 KR Code of Criminal Procedure, Art. 8. 274 KR Code of Criminal Procedure, Art. 12. 272 85