Kyrgyzstan: people are kept in inhuman conditions in detention centers in Batken region

Employees of the territorial office of the National Center for the Prevention of Torture of the Kyrgyz Republic during a sudden inspection of temporary detention facilities of the Internal Affairs Department of Batken district revealed facts of violation of the rights of detainees and inhumane treatment of them.

As the check showed, 26 people were kept in the isolation ward, while the cells were intended for 22 detainees. Due to the overcrowding of the premises, people are forced to lie on the floor, which is not only inhuman, but also a violation of the requirements of sanitary standards. By law, the size of the sanitary zone for each person in the cell must be 3.25 square meters.

And this is not the only fact that indicates unsanitary conditions. The walking area of ​​the pre-trial detention center is filled with garbage cans. Judging by the entries in the register, the Sanitary and Epidemiological Service hasn’t visited the pre-trial detention center since January 18 this year, which contributed to the spread of various infectious diseases in the closed institution.

“These consequences were also caused by the negligence of the head of the temporary detention facility, police major Borubaev, to his duties. During the period of worsening of the coronavirus infection, there was no monitoring of the state of the detainees’ health. The cells and other premises weren’t cleaned daily using disinfectants. This wouldn’t have happened if the head of the temporary detention facility followed the rules,” was noted by the Regional office of the National Center for the Prevention of Torture in Batken region.

Experts also found that there is no electricity in the bathrooms of the temporary detention center, and ventilation doesn’t work.

“Suspects and defendants have the right to take a shower at least once a week and for at least 15 minutes. But if there are no conditions for water procedures, then how is this norm fulfilled? To eliminate these violations, it’s necessary to take appropriate measures,” was emphasized in the Center’s Representative office.

In addition, during the examination of personal files of people held in the isolation ward, 18 of them have been sitting there for several months and even years.

“At the same time, there is a judicial act on the imposition of a preventive measure in the form of detention for a period of 2 months in the investigation colony No. 25, located in the city of Osh. Keeping these people in a temporary detention facility for more than 48 hours or ten days during a month is a violation of the law,” the National Center explains.

Also, when considering the personal file of the man held in the temporary detention center, it turned out that the investigating judge of the court of Batken district had chosen a preventive measure for him for a period of 2 months on April 21, 2021. In particular, he was sent to the colony No. 25 in the city of Osh until June 20. However, he wasn’t taken to the institution and, despite the fact that the preventive measure against him was terminated on June 20 at 10.00, he remains in the temporary detention center of the Internal Affairs Department of Batken district.

“It should be noted that the last time the transfer from the isolation ward of the Department of Internal Affairs of Batken district to the institution No. 25 took place on June 14. It means that the head of the temporary detention center Mr. Borubaev deliberately didn’t execute the court’s act. He acted illegally, knowing that the term of the measure of restraint expired on June 20 and wasn’t extended by the court,” the National Center office added.

The National Center for the Prevention of Torture refers to: part 3 of article 59 of the Constitution of the Kyrgyz Republic, which states that “no one can be detained, arrested or imprisoned without a court decision and only on the grounds and in the manner prescribed by law”; part 4 of the same article “no one can be detained for more than 48 hours without a court decision”; article 46 of the Law of the Kyrgyz Republic “On the procedure and conditions of custody of persons detained on suspicion and charges of committing crimes”. The law states that “the head (deputy) of the place of detention must notify the prosecutor, supervising the place of detention, no later than 24 hours before the expiration of the term of detention of the suspect or the accused”.

“However, the head of the temporary detention center was unable to confirm that he had submitted a notice to the Prosecutor’s office,” the experts emphasize.

When considering the cases of detainees in the temporary detention center, the employees of the Regional Representative office of the National Center found that their questionnaires weren’t completed at all. In some cases, the personal protocol of the search was drawn up not fairly, because according to paragraph 1.6 of the rules, “the search of people brought to the temporary detention facility is carried out in the presence of attesting witnesses, fingerprinting is carried out, and personal belongings are checked. The search is carried out by persons of the same sex and only in the presence of witnesses of the same sex”.

When checking the first-aid kit for citizens held in the temporary detention center, some expired medicines were found. The tables and chairs in the investigation room of the temporary detention center are not attached to the floor that can be dangerous.

The act was drawn up on all the facts of violation of the law. Representatives of the Regional subdivision of the National Center for the Prevention of Torture appealed to the Prosecutor’s office with a request to investigate the violations, eliminate these facts within the law and take action against the responsible officers.