Kyrgyzstan: detainees are kept in temporary detention centers for longer than the legal period

On July 8, a representative of the Kyrgyz National Center for the Prevention of Torture in Jalal-Abad region, the regional expert of the Center and some involved experts conducted a preliminary examination of the temporary detention center at the Department of Internal Affairs of Ala-Buka district. In the course of the check, the specialists revealed violations in the detention of the detained people.

Thus, in the temporary detention center there are a detainee within the framework of pre-trial proceedings under Article 136 of the Criminal Code of the Kyrgyz Republic and Article 75 of the Criminal Procedure Code of the Kyrgyz Republic and a man, who is charged with Article 266 of the Criminal Code of the Kyrgyz Republic. On June 4, the court extended their arrest sanction for 2 months, and after 10 days they were to be sent to a pre-trial detention center.

“However, these two men haven’t yet been transferred to a pre-trial detention center, as required by law. According to Article 9 of the Law of the Kyrgyz Republic “On the procedure and conditions of detention of persons suspected and accused of committing crimes”, the detention of detainees on suspicion of committing crimes is envisaged in the temporary detention facility under the Internal Affairs Directorate or the State Committee for National Security. The explanatory note to the same article states that after the court chooses a preventive measure in the form of detention, the detainee is transferred to a pre-trial detention center. He/she can be transferred from the temporary detention center to the pre-trial detention center only for the duration of the investigative actions, but for no more than 10 days during the month. In addition, according to the internal regulations of temporary detention facilities (Article 1.1), the protocol of detention, drawn up in accordance with the procedure established by the Criminal Procedure Code of the Kyrgyz Republic, is the basis for placing a suspect in a temporary detention facility. If it’s necessary to carry out investigative actions with his/her participation, or to consider the case in court outside the settlement where the pre-trial detention center is located, and there is no possibility to take the detainee out every day, he/she can be transferred to the temporary detention facility, but for no more than ten days,” they refer to the letter of the law in the Regional office of the National Center.

Experts note that such facts are found everywhere in closed institutions.

On the basis of the Law of the Kyrgyz Republic “On the National Center for the Prevention of Torture and other cruel, inhuman or degrading treatment or punishment”, a representative of the Jalal-Abad Representative Office of the NCPT applied to the prosecutor of the city of Jalal-Abad Malik Bekturganov with a request to conduct a prosecutor’s investigation into the facts of violations and inform about the measures taken in accordance with the law in relation to the employees of the Department of Internal Affairs of Ala-Buka district, who committed these offenses.