case. Such a confirmation shall be issued by an investigator, a prosecutor, or a court carrying out the criminal proceedings,” as it violates the principle of equality of parties in the process and the right to defence. 3. To remove from Art. 325 of the KR Code of Criminal Procedure (Release from Custody) a provision whereby in case a defendant is acquitted or in case a judgement of conviction is delivered without sentencing or with pardon or with probation or with noncustodial sentencing or with termination of a criminal case at the stage of criminal proceedings, the defendant in custody shall be released only upon entry of judgement into effect. 4. To supplement the Law on “Procedure of the Detention of Persons Suspected or Accused of a Crime in Custody” to totally prohibit: а) censorship of the suspects’ correspondence which is intended for a defender, KR Jogorku Kenesh members, the KR Ombudsman, or international human rights agencies; b) the detention of minors with “positively characterised” adults in the same temporary detention cell. Finding: As per the KR Code of Criminal Procedure, investigative work done by interrogation agencies and aimed at the suppression of crime and detection of perpetrators (solving a crime) is part of criminal proceedings, though stand-alone, and shall be regulated by the KR Code of Criminal Procedure as per Art. 1 of this Code. There is no provision in the KR Code of Criminal Procedure that would regulate the investigative work procedures, determine the status of persons involved in the proceedings, or, most importantly, provide for their rights and obligations. It is widely thought that these aspects are regulated by the Law “On Investigative Work”, but this is not the case. It is not uncommon that a detective officer would prevent an attorney from communicating with a person whose complicity to a crime is suspected by arguing that this person has not been arrested but rather invited to talk, and that the Law on “Investigative Work” does not provide for the participation of an attorney in interrogation. Since this Law lacks a clearly articulated provision, this provision should be stipulated in the KR Code of Criminal Procedure as required by Art. 1 of the Code. Recommendations: 1. To amend the KR Code of Criminal Procedure to include additional provisions regulating the investigative work aimed at suppressing crime and detecting perpetrators, determining the status of persons involved in the proceedings as well as their rights and obligations. Finding: There is lack of compliance with provisions of the KR Constitution whereby all international treaties to which the Kyrgyz Republic is a party, that have entered into effect in accordance with the procedure established by law, as well as generally accepted principles and provisions of international law, shall be part of the legal framework of the Kyrgyz Republic, and international human rights treaties shall have direct application, and shall prevail over provisions of other international treaties. Recommendations: 1. To ensure ongoing parliamentary oversight of performance by the Kyrgyz Republic of its obligations under international human rights treaties and timely submission of periodic reports on the performance of these obligations. 2. To assist in the establishment and effective functioning of the National Preventive Mechanism – a new approach to the prevention of torture under the Optional Protocol to the UN Convention against torture. 3. To make a statement recognising the authority of the UN Committee Against Torture in considering messages from individuals respecting infringements of the right to freedom from torture in accordance with Art. 22 of the UN Convention Against Torture. 4. To assist in developing an effective mechanism for the Kyrgyz Republic to enforce decisions of international human rights agencies establishing facts of violation of human rights or liberties. Based on the aforesaid findings, the observers developed recommendations for the Government, the General Prosecutor’s Office, the Supreme Court, the Interior Ministry, and the administrations of KR IAB TDFs.