Human rights defenders: torture is still widely used in Kyrgyzstan

The Coalition against Torture in Kyrgyzstan published an Annual report on the results of its activities. The authors of the document noted positive changes in the fight against torture, but at the same time stated that the practice of using torture in Kyrgyzstan remains widespread.

The authors of the report identified the reasons that hinder the eradication of torture. In particular, this is due to the fact that the definition of “torture” given in article 143 of the Criminal Code of the Kyrgyz Republic is still not brought in line with article 1 of the Convention against Torture. The subjects of the crime are only officials. Accordingly, the Criminal Code of the Kyrgyz Republic doesn’t provide for criminal liability for the use of torture of other persons “acting in an official capacity”. This avoids responsibility for the use of torture by a large circle of potential torturers.

In addition, the current legislation of the republic establishes the need for compensation for moral damage, but doesn’t regulate the procedure for calculating the amount of moral damage, and it doesn’t meet the criteria of reasonableness and fairness.

“Also, the fact that the authorities often conduct ineffective investigations into allegations of torture doesn’t allow to eradicate the vicious practice of torture. As a result, many torturers go unpunished. In addition, complaints of people in places of deprivation of liberty about the illegal use of violence are often impossible to verify and record evidence. There are also certain difficulties associated with the immediate and unhindered access of a lawyer to a detained person in practice,” the authors of the report specify.

The document identifies the obstacles that the authorities put up in the process of protecting victims of torture:

– registration of statements and reports on the use of torture;

– the refusal of the investigators to consider as evidence the expert opinion on the damage suffered by the victims of torture;

– unreasonable delay in pre-trial proceedings;

– ignoring by the investigators of the petition of lawyers to carry out additional investigative actions;

– failure to provide security measures for victims of torture;

– untimely appointment of a lawyer; involvement of public defenders not from the register; receiving and registration of a suspect’s waiver of counsel.

As well as violations that exist in the field of medical documentation concerning torture:

– failure to provide medical examination of persons placed in temporary detention facilities;

– violation of the terms (within 12 hours) of the forensic medical examination when reporting the use of torture;

– creation of obstacles by investigators to examine a person held in a pre-trial detention center for torture. Denial of access to independent medical professionals (psychiatrist).

Organizations of the Coalition against Torture conducted civil monitoring of places of detention and restraint of liberty. According to its results, it was noted that, despite numerous and annual recommendations, the conditions of detention of prisoners in temporary detention facilities in the republic don’t meet the requirements.

“There is insufficient lighting in almost all buildings of the temporary detention facilities. There are no individual beds and bedding. According to the data of the Public Association “Union of Unity”, there is a wooden flooring in the temporary detention center of Talas region, where each detainee has only his own mattress and blanket, without bed linen. In some temporary detention facilities, there are problems with the ventilation system and unpreparedness for the winter season. The premises are often basements or semi-basements with old or non-working sanitary facilities. Many temporary detention facilities don’t have winter shower cabins, which contradicts the Internal Regulations for temporary detention centers. In Jalal-Abad region, there is a lack of women among the employees in the temporary detention facilities of the Internal Affairs Department. All cells in the temporary detention facilities of the Internal Affairs Department of Batken region are overcrowded,” the authors of the report write.

During the spread of the coronavirus infection, Coalition member organizations assisted in preventing infection of employees and detainees.

“During the monitoring process, several visits were made to ensure compliance with health conditions. According to the results of the visits, it was revealed that the most vulnerable, in terms of the spread of COVID-19, are the temporary detention facilities of the Internal Affairs Department in Jalal-Abad, Mailuu-Suu and Toktogul, where the virus was detected,” the report notes.

In addition, during monitoring in the temporary detention facilities of the Internal Affairs Department of Uzgen and Alai, expired medicines were found. And during special visits to the temporary detention facilities of the Internal Affairs Department by employees of the human rights organization “Spravedlivost” [“Justice”], it was revealed that there was no sanitary cleansing. As the authors of the document mentioned, there were no notes in the register about sanitary cleansings.

The Coalition against Torture also cites the lack of investigatory isolation wards as a big problem.

“Due to the absence of investigatory isolation wards, those under investigation are often sent to temporary detention centers. However, the conditions in the isolation wards are not designed for long stays and are often overcrowded. All of this is considered as a violation of the standards of proper treatment,” the report says.

At the same time, human rights activists note the excess of the detention terms. Thus, according to the results of visits by the human rights organization “Spravedlivost” [“Justice”], it was revealed that the recommendations for registering people arrived to the temporary detention facility with an indication of the time of actual detention are not being followed.

“According to the Criminal Procedure Code of the Kyrgyz Republic, a detainee must be placed in a temporary detention facility or released within 3 hours. It’s the period of time that distinguishes the maximum likelihood of torture or other ill-treatment of detainees. Therefore, filling out the register of detainees is important for monitoring and preventing torture,” the document says.

Based on the results of visits by the organizations-members of the Coalition, violations were revealed in terms of the duration of stay in the temporary detention centers from 3 weeks to 6 months. The detainees stayed in the temporary detention center of the Department of Internal Affairs of Kyzyl-Kiya city for more than 6 months. According to the monitoring carried out in October 2020, there were 14 persons in the temporary detention center in Talas, who were in the institution from August to October, so from 2 weeks to 3 months. In the temporary detention centers of Kara-Buura, there were 8 persons awaiting court decisions from 2 weeks to 6 months.

At the same time, the authors of the report emphasize that the conditions of the isolation wards are not intended for a long stay and it’s physically and psychologically difficult for the detainees to be in these premises. “Some detainees couldn’t stand these unbearable conditions and agreed with the investigation, gave confessions in order to be transported to the pre-trial detention center faster, or offered bribes for this,” the document says.