UN Basic Principles on the Role of Lawyers require the government to ensure that the
competent authorities immediately inform every person about his/her right to be assisted by a
lawyer of his/her own choice upon arrest or detention or when charged with a criminal offense.
The law on detention in custody provides for the right of suspects and accused persons
to be acquainted with the text of the Internal Regulations, including their rights and
responsibilities, the detention regime, and disciplinary requirements.
For example, the TDF of the IAB of Balykchy City does not ensure compliance with
Article 15 of the Law "On procedure and conditions of detention," which clearly indicated that
the suspects and the accused must necessarily be familiar with the internal regulations of
detention facilities.
The requirements of the “Internal Regulations of temporary detention facilities of
internal affairs body of the Kyrgyz Republic,” approved by the Government of the Kyrgyz
Republic, dated February 2, 2006, №57, are not followed.
Detainees have the right to receive information about their rights and responsibilities,
the detention regime in the TDF, disciplinary requirements, and the procedure for submission
of proposals, applications and complaints.
It should be noted that neither the Law on detention in custody or the Internal
Regulation provide the obligation of the employees of the TDFs of the IAB to provide written
explanation of rights and obligations of detainees. This does not meet international standards.
Results of preventive visits have shown that, in violation of international standards,
none of the TDFs of the IAB provide a written explanation of the rights of persons in custody.
None of the respondents before they are delivered to the detention center were
informed by staff about when and what kind of behavior would constitute a violation of the
detention in the TDF and what penalties will be applied in the case of violations.
Almost all TDFs of the IAB have an informational board, but as practice shows, detainees
in the TDFs of the IAB do not have a real opportunity to become acquainted with them,
because all these boards are installed in the corridor of the IAB, or in the interrogation room.
They can only glance at it during the short time when detainees pass the information board.
This observation is confirmed by the answers of those respondents who reported that they had
never read the information contained on the board.
3.6.
The right to visit
International standards provide the prisoners an opportunity to communicate at regular
intervals and under necessary supervision with their family and reputable friends during their
visits.
A person under investigation shall be allowed to inform his/her family immediately
about the fact of their detention, use reasonable facilities for communicating with his/her
56 | Annual Report 2014
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