The Commission's analysis has shown that the existing judicial system does not fully
meet the constitutional principles and international standards of justice, both institutionally
and in the regulation of substantive and procedural law.
During a speech in the Parliament, the First Deputy Chairman of the Supreme Court of
the Kyrgyz Republic, Kanat Turganbekov, stated that "... in Kyrgyzstan, in the first instance
court, there is chaos ... There's a mess going on, judges decide what they want. Lawyers,
prosecutors agree and close the cases. Cases don’t reach the Supreme Court."55
The current judicial system does not fully ensure access to justice and the opportunity to
correct miscarriages of justice.
In criminal proceedings, an accusatory tendency prevails. Often eyes are closed at the
unfair investigation and even falsification of evidence by the investigating authorities. They
often prosecute not for the crime itself. In most cases, referral to the court actually means
condemnation of the man. The hope that the judge will acquit the defendants or acquittals can
be overturned by higher authorities, is small.
A criminal case against four members of the IAB of the Suzak district, accused of torture,
extortion, bribery and intentional infliction of grievous bodily harm to Kholmirzaev U., who died
as a result, is still being considered for more than three years.
Defense lawyers of the victim pleaded for a transfer of the criminal case from
consideration of the Suzak district court to another court because of threats to local judges by
the relatives of the defendants. The criminal case was assigned to the Sokuluk district court of
the Chui region, which is considering the case at the present time. 56
On the basis of the complaint of "Voice of Freedom" PF, dated March 12, 2013, a
decision to dismiss the criminal case was reversed, and the person who made the illegal and
unjustified decision was subjected to disciplinary action.
Thus, delaying of the trial, accompanied by judicial review of the dozen criminal cases of
torture, causes question as to the inevitability of punishment for torture. Impunity for unlawful
methods of investigation, including torture, is an important cause of torture. Inevitability of
punishment and zero tolerance for torture, in addition to their official declaration, should
actually be seen in law enforcement practice. The effectiveness of the fight against torture can
be judged in the number of criminal cases initiated in response to allegations of torture and the
number of sentences imposed by the courts against those responsible for torture.
55
http://www.24kg.org/parlament/168741-kanat-turganbekov-v-kyrgyzstane-v-sudax-pervoj.html.
Information on the case of “Kylym Shamy” PF.
56
74 | Annual Report 2014
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