Kyrgyzstan: the accused was detained without a court decision

The detainee’s lawyer appealed to the Ombudsman of Kyrgyzstan in order to protect his constitutional rights. He said that his client spent nine days at the investigative isolation ward №1 without a court decision.

On November 24, 2020, a preventive measure was chosen in relation to the detained man in the form of keeping him in custody during the trial.

“In accordance with the Criminal Procedure Code of Kyrgyzstan, the measure of restraint should be extended every two months. So, on January 24, 2021, the period of detention, determined by the court, expired. However, in the period from January 24 to February 2, 2021, he was kept at the investigative isolation ward №1 in the city of Bishkek. During the court hearing held on February 2, 2021, the lawyer filed a motion for his immediate release, but the judge of the court of Sverdlovsk district of the capital rejected the official request of the defense lawyer and extended the detainee’s detention for another two months, starting from February 3,” clarified by the Ombudsman’s Office.

Having studied the materials of the case, the Ombudsman Tokon Mamytov sent appropriate appeals to the Supreme Court, the Prosecutor General’s Office and the Disciplinary Commission of the Council of Judges of the Kyrgyz Republic, which are currently under consideration.

“In case of confirmation of the fact of violation of the detainee’s rights, the judge should be held liable under the law. Because, according to national regulations and international documents, the detention of a person without a court decision is a gross violation of human rights,” said Tokon Mamytov.