Kyrgyzstan: A citizen has been illegally kept in the detention center for more than three months

Employees of the Ombudsman’s office of the Kyrgyz Republic in Talas region and a representative of the National Center for the Prevention of Torture of Kyrgyzstan monitored the temporary detention center of the Department of Internal Affairs in Talas.

At the time of the visit, there were 19 people in this detention facility, including one woman. There were no juveniles temporarily detained in the temporary detention center.

In the course of studying the personal files of each of the detainees for the legality and validity of their detention, the staff of the Ombudsman’s office revealed that a citizen born in 1962, accused of rape, was released from criminal liability on the basis of part 1 of article 27 of the Criminal Code of the Kyrgyz Republic. In accordance with part 1 of article 473 of the Criminal Procedure Code, the court proceedings were terminated by the court’s decision on the application of compulsory medical measures. Then the District court of Talas decided on the compulsory treatment of the man, with his hospitalization in a psychiatric institution in the village of Kyzyl-Zhar in Jalal-Abad region.

The execution of the court order is entrusted to the Department of Internal Affairs of Talas region. On December 8, 2021, the convict was taken to the psychiatric institution designated by the court and indicated above. However, due to the lack of vacant places in this institution, the doctor on duty refused to accept the convict for compulsory treatment. In this regard, on January 19 and February 21, 2022, the head of the Department of Internal Affairs of Talas region sent the letters to the Director with a request to accept the convict.

In her response, the Director refused to accept the patient, also referring to the lack of free places in the psychiatric hospital. It also follows from her letter that the compulsory treatment unit of the Republican Psychiatric Hospital is intended for 50 people, but currently 53 patients are receiving treatment.

“For the above reasons, the convict has to stay in the temporary detention center of Talas region for more than three months. However, in conditions of temporary detention, the state of his health may worsen. In addition, non-execution of the court decision is a gross violation of his rights,” the Ombudsman’s office explains.

Taking into account the circumstances, the representative office of the Ombudsman of the Kyrgyz Republic in Talas region sent the letter addressed to the head of the Department of Internal Affairs in Talas, in which it’s recommended: to organize an urgent admission of the convict to the Republican Psychiatric Hospital; to conduct an internal investigation and apply appropriate measures to the perpetrators according to the legislation of the Kyrgyz Republic.

This case is under control of the representative office of the Ombudsman of the Kyrgyz Republic in Talas region.