Kyrgyzstan: patient cannot receive treatment due to incompetence of courts

In Kyrgyzstan, the courts cannot come to a single decision regarding the mentally ill retired police colonel Abduvali Akzholov. ACCA was informed about this by the Ombudsman Institute.

It is reported that representatives of the “Committee for the Protection of the Rights of police colonel Abduvali Akzholov” appealed to the Ombudsman, and asked for assistance in resolving the issue of determining by the court a specific regime of detention for the police colonel.

The fact is that the courts of the Kyrgyz Republic have been unable to determine the detention regime for Akzholov, who is undergoing compulsory treatment at the Republican Psychiatric Hospital in the village of Chym-Korgon for almost ten months.

“Today, there are two different decisions from the two Bishkek courts that determine Akzholov’s treatment. As per one of them, treatment should be carried out in the “normal” regime of detention, and the other – in the “enhanced” one. And until now, the judges of the two capital courts cannot come to a common opinion on this issue, ” in the Ombudsman institute said.

In particular, on September 24, 2019, the patient Akzholov, according to the decision of the Leninsky district court, was prescribed for treatment in the “normal regime”. However, less than a month later, on October 11, 2019, Pervomaisky District Court issued a decision, according to which the treatment should be carried out in an “enhanced detention regime”. Later, on December 20, 2019, the Leninsky District Court, having examined the opinion of the specialists of the Republican Psychiatric Hospital (RPH), refused the request to transfer the colonel to outpatient treatment. And a week later on December 27, 2019, the Pervomaisky District Court revised its decision of October 11, 2019, and softened it, transferring Abduvali Akzholov to “normal regime”.

“However, on January 29, 2020, Bishkek city court took part in the consideration of this situation, and on the same day issued two conflicting definitions: first – upheld the decision of Leninsky district court of December 20, 2019, and the second – canceled the decision of Pervomaisky District Court of December 27, 2019, on Akzholov’s “normal detention regime”, ”the institute emphasized.

As a result, Abduvali Akzholov cannot receive any specific treatment.

“We cannot decide on what specifics and on what regime to contain and provide medical care to this patient: the first half-day“ according to the enhanced regimen”, and the second half according to the “ normal regime ”, or vice versa?” the RPH medical staff is indignant.

“I appeal to the judges of the Bishkek city court, as well as the Leninsky and Pervomaisky district courts with a request to consider the possibility of combining the cases against Akzholov, which are in their jurisdiction, into one common. Moreover, they all recognized the patient as mentally sick. The only question is making one general decision about the regime of his custodial control in the RPH, ”says Ombudsman Tokon Mamytov.

Recall that a retired police colonel, the former head of the 9th Main Directorate of the Ministry of Internal Affairs of Kyrgyzstan Abduvali Akzholov ended up in a psychiatric hospital after tortures that was applied to him during his arrest in July 2015 by the State Drug Control Service (it was liquidated from the beginning of 2017). He was accused of organizing a drug business.