OBSERVANCE OF THE RIGHT TO FREEDOM FROM TORTURE AND CRUEL TREATMENT IN TEMPORARY AND PRE-TRIAL DETENTION PLACES, PSYCHIATRIC FACILITIES AND CHILDREN HOUSES OF THE KYRGYZ REPUBLIC Report on monitoring results 1 This Report has been produced in connection with the project “Addressing human rights in closed facilities in Kyrgyzstan through nationally-owned human rights mechanisms,” supported by the OSCE Centre in Bishkek, as well as the Freedom House Project on Strengthening Human Rights in Kyrgyzstan, financed by the United States Agency for International Development (USAID), and the Soros-Kyrgyzstan Foundation. The Report is intended for public institutions, nongovernmental organizations, human rights defenders and others who are interested in the respect for human rights and fundamental freedoms and conditions in temporary detention facilities under the jurisdiction of the Ministry of Interior and detention facilities under the jurisdiction of the State Service for the Execution of Punishments under the Government of the Kyrgyz Republic, as well as in psychiatric and children’s institutions. All opinions expressed herein belong to the authors of this Report and do not necessarily reflect the official position of the OSCE, USAID, Freedom House and/or Soros-Kyrgyzstan Foundation. 2 CONTENT: 1. INTRODUCTION……………………………………………………………………………………… 7 2. CONCLUSIONS AND RECOMMENDATIONS……………………………………………………. 13 3. PROJECT METHODOLOGY………………………………………………………………………... 30 4. THE MONITORING FINDINGS OF COMPLIANCE WITH THE RIGHT TO FREEDOM FROM TORTURE AND CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 4.1. MONITORING FINDINGS OF THE COMPLIANCE WITH THE RIGHTS TO FREEDOM FROM TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN TEMPORARY DETENTION FACILITIES AND PRE-TRIAL DETENTION FACILITIES 4.1.1. Access to temporary detention facilities and pre-trial detention facilities………………..… 33 4.1.2. Key statistic data ………………………………………………………………………..….. 35 4.1.3. Respect for the right to freedom from torture and cruel, inhuman or degrading treatment in temporary detention facilities and pre-trial detention facilities………………………..…… 40 4.1.4. Respect for the right to protection ………………………………………………................... 49 4.1.5. Issues of medical examination …………………………………………………………..…. 51 4.2. MONITORING FINDINGS OF THE COMPLIANCE WITH THE RIGHTS TO FREEDOM FROM TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT AND MEDICAL TREATMENT IN PSYCHIATRIC INSTITUTIONS OF THE KYRGYZ REPUBLIC 4.2.1. Review of the legislation, policies and practices ………………………………………..… 54 4.2.2. The right to protection from torture and other cruel, inhuman or degrading treatment and medical treatment………………………………………………………………………..…. 55 4.2.3. Funding of services or financing the infrastructure: direct correlation of the level of abuse with the financing principle ……………………………………………………………….. 56 4.2.4. Absence of accreditation of psychiatric facilities………………………………………….. 57 4.2.5. Absence of an independent investigation of the causes of death in psychiatric institutions 58 4.2.6. Low potential of the staff of psychiatric institutions ……………………………………… 59 4.2.7. Absence of guidelines, protocols, quality standards, monitoring and evaluation of psychiatric institutions …………………………………………….……………………… 59 4.2.8. Absence of social integration programs for persons with mental disorders and intelligence disabilities …………………………………………………………………………………. 60 4.2.9. Absence of quality control of services in psychiatric institutions ….……………………... 60 4.2.10. Absence of an independent re-examination of persons held in psychiatric institutions …... 61 4.2.11. Slavery in psychiatric institutions ………………………………………….......................... 62 4.2.12. Absence of control and prosecutorial supervision over the observance of the rights of patients ……………………………………………………………………………………. 63 4.2.13. Absence of interaction between boarding institutions and health organizations at the scene 64 4.2.14. Problems of guardianship matters ………………………………………………………… 64 4.2.15. Forensic psychiatry and prison psychiatry ………………………………………………... 65 4.2.16. Particularly vulnerable groups: the elderly, children and patients with tuberculosis; patients 65 who have committed offenses ……………………………………………………………... 66 4.2.17. Corruption in psychiatric institutions …………………………………………………….... 67 4.3. MONITORING FINDINGS OF COMPLIANCE WITH THE RIGHTS TO FREEDOM FROM TORTURE AND CRUEL TREATMENT OR PUNISHMENT IN CHILDREN’S INSTITUTIONS OF THE KYRGYZ REPUBLIC. 4.3.1. Illegal detention and imprisonment of children …………………………………………… 68 4.3.2. Cruel, inhuman and degrading punishment ……………………………………………….. 70 4.3.3. Obstacles in maintaining communication with the child's family ………………………… 77 4.3.4. Absence of accessible and effective complaints procedures ……………………………… 80 4.3.5. Absence of effective tools for legal protection …………………………………………… 83 3 4.3.6. Absence of independent control …………………………………………………………. 84 4.3.7. Ineffective investigation of violations of children’s rights ……………………………… 86 4.3.8. Neglect of the basic needs of the child in institutions for children with disabilities …….. 88 4.4. DOCUMENTING CASES OF TORTURE. PROVISION OF LEGAL ASSISTANCE TO VICTIMS OF TORTURE …………………………………………………………………….. 92 4 ABBREVIATIONS: CARM – Center of Adaptation and Rehabilitation of Minors CC of KR – Criminal Code of the Kyrgyz Republic CCIU MI – Chief Criminal Investigation Unit under the Ministry of Interior CPC of KR – Criminal Procedure Code of the Kyrgyz Republic CDI – City Department of the Interior CIU – Criminal Investigation Unit Convention against Torture – The UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Committee against Torture – The UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment DIW – Discipline isolation ward DSFC – Department on support of families and children DDI – District Department of the Interior DoI – Department of the Interior IAB – Internal Affairs Body IAU – Internal Affairs Unit 1 ICCPR – International Covenant on Civil and Political Rights Internal Regulations - Internal Regulations for Temporary Detention Facilities under Internal 2 Affairs Bodies of the Kyrgyz Republic Law on Custody Procedure – Law of the Kyrgyz Republic “On the procedure and conditions 3 of custody for arrested persons suspected of and charged with committing offences” LSGB- Local self-government body MoI – Ministry of Interior NGO – Non-governmental organization OSCE – Organization for Security and Co-operation in Europe PA – Public Association PDF –Pre-trial detention facility PSB – Public Supervisory Board PF – Public Fund PEC of KR – Penal Execution Code of the Kyrgyz Republic PIC – Punishment Isolation Cell Report – Observance of the right to freedom from torture in closed facilities of the Kyrgyz Republic SCNS – State Committee for National Security Special Rapporteur on Torture – The UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment SSEP – State Service for the Execution of Punishments under the Government of the Kyrgyz Republic Standard Minimum Rules - UN Standard Minimum Rules for the Treatment of Prisoners4 1Adopted by General Assembly resolution 2200A (XXI) of December 16, 1966. 2 Approved by the Resolution of the Government of the Kyrgyz Republic of February 2, 2006 (Ref. No. 57). 3 As amended by Laws of the Kyrgyz Republic of June 11, 2003 (Ref. No. 100), August 13, 2004 (Ref. No. 124), August 19, 2004 (Ref. No. 158), June 25, 2007 (Ref. No. 91); Decree of Interim Government of the Kyrgyz Republic of September 17, 2010 (Ref. No. 128) and Laws of the Kyrgyz Republic of July 14, 2011 (Ref. No. 99) and October 19, 2011 (Ref. No. 180). 5 TDF – Temporary Detention Facility TID – Transportation Interior Department UN – United Nations 5 UN Basic Principles - UN Basic Principles on the Role of Lawyers Universal Declaration - The Universal Declaration of Human Rights YLS – Youth Liaison Service 4 Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders on August 30, 1955. 5 Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September, 1990. 6 1. INTRODUCTION January 2014 will mark twenty years since the Kyrgyz Republic joined in the ICCPR6, and fifteen years since the country became a party to the UN Convention against Torture7. Thus, twenty years ago the Kyrgyz Republic voluntarily undertook an obligation to respect and ensure the human right to freedom from torture and other cruel, inhuman or degrading treatment or punishment. Unfortunately, however, this lengthy period has not been an effective one in addressing these issues. On the contrary, according to authoritative experts, torture and ill-treatment today "are widespread in Kyrgyzstan"8 and have become "almost a part of the professional activities of law enforcement officers.” 9 It must be acknowledged that certain progress has been made in improving the national legislation in the fight against torture and ill-treatment. (We will generally refer to “torture and ill-treatment” in this Report collectively as “torture,” although of course ill-treatment is considered a broader concept.) However, the right to freedom from torture cannot depend solely on legislative provisions, which in themselves are often insufficient. Obligations under the ICCPR are not confined just to the general respect of human rights; rather State parties are