Kyrgyzstan: the court recognized the prisoner’s right to compensation
Compensation of $ 11.7 thousand (1 million KGS) for human rights violations. This is the amount that a resident of Uzgen district, 27-year-old Asanov, demanded from the District Department of the Treasury’s Board of the Ministry of Finance of Nooken for violating the right to humane treatment and respect for the inherent dignity of the human person. The human rights organization “Spravedlivost” [“Justice”] in Jalal-Abad reported this.
The plaintiff was kept in the temporary detention center of the District Department of Internal Affairs of Nooken for nine months. According to the law, a stay in a temporary detention facility should not exceed 48 hours.
“The man spent a long time in prison and cramped conditions. He was kept in unsanitary conditions. He didn’t have access to water, and he had scanty, poor-quality food. Communication with the outside world was completely absent,” human rights activists say.
In support of his statement, the plaintiff cited the responses of the District Prosecutor’s Office of Nooken, which confirmed the fact of violation of his rights. By the time the lawsuit was filed, Asanov wasn’t a defendant in a criminal case for extortion. The final judicial act hadn’t been passed, that is, he hadn’t yet been convicted.
“In March this year, the District Court of Nooken refused to accept Asanov’s statement of claim. However, on April 19, the panel of judges of the Regional Court of Jalal-Abad for civil and economic cases sent the case for a new consideration to the same court. It called the grounds on which the court of first instance refused to accept Asanov’s statement of claim “erroneous” and the arguments of the private appeal – “found their confirmation”, was explained by the human rights organization.
The ruling of the Regional Court says that with a new consideration of the case, the court of first instance must fully and comprehensively investigate the circumstances of the case and, using the norms of procedural and substantive law, adopt a legal and substantiated judicial act on the merits. The claim is based on the restoration of human rights and freedoms through the recovery from the state of compensation for moral damage in connection with the failure to ensure the established conditions of detention in the temporary detention facility of the District Internal Affairs Department of Nooken.
“We rarely see such rulings when courts refer to human rights. However, this time the Regional Court thought differently and canceled the decision of the court of first instance, which refused to accept the claim for compens/wpe for violation of human rights,” said Utkir Jabbarov, the lawyer of the human rights organization “Spravedlivost” [“Justice”].
