THE COALITION OF NGOs OF THE KYRGYZ REPUBLIC AGAINST TORTURE NGO REPORT on implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the Kyrgyz Republic Bishkek – 2013 1 TABLE OF CONTENTS LIST OF ABBREVIATIONS .......................................................................................................................................... 3 INTRODUCTION ......................................................................................................................................................... 5 Articles 1 and 4 ...................................................................................................................................................... 10 Article 2 ................................................................................................................................................................. 12 Article 3 ................................................................................................................................................................. 29 Article 10 ............................................................................................................................................................... 31 Article 11 ............................................................................................................................................................... 32 Article 12 ............................................................................................................................................................... 38 Article 13 ............................................................................................................................................................... 41 Article 14 ............................................................................................................................................................... 45 Article 15................................................................................................................................................................ 46 Article 16 ............................................................................................................................................................... 47 Other issues ........................................................................................................................................................... 60 RECOMMENDATIONS ........................................................................................................................................... 63 ANNEX ..................................................................................................................................................................... 68 2 LIST OF ABBREVIATIONS SCNS – State Committee for National Security CDIA – City Department of Internal Affairs MIA CIDG – Criminal Investigation Directorate-General of the Ministry of Internal Affairs SSEP– State Service for Execution of Punishment [State Penitentiary Service] under the Government of the Kyrgyz Republic The Law on Custody – Law of the Kyrgyz Republic "On the procedure and conditions of holding persons detained on suspicion of offenses in custody"1 TDF – Temporary detention facility PC -- Penal colony AC of KR – Administrative Code of the Kyrgyz Republic LGBT – Lesbian, gay, bisexual and trans-gender community MIA – Ministry of Internal Affairs Minimum Standard Rules - – Standard Minimum Rules for the Treatment of Prisoners2 ICCPR – International Covenant on Civil and Political Rights3 NGO – Non-governmental organization OSCE – Organization for Security and Cooperation in Europe DIA – Department of Internal Affairs PSC – Public Supervisory Council UN – United Nations CIU – Criminal Investigation Unit Internal order rules – Internal order rules for temporary detention facilities under the law enforcement bodies of the Kyrgyz Republic4 Collection and distribution facilities – Collection and distribution facilities under the law enforcement bodies for persons without fixed place of residence, documents and special collection facilities under the law enforcement bodies for persons under administrative arrest DDIA – District Department of Internal Affairs IDF – Investigative detention facility DirIA – Directorate of Internal Affairs CC of KR – Criminal Code of the Kyrgyz Republic5 1 As amended by Laws of KR of June 11, 2003, No.100, August 13, 2004, No.124, August 19, 2004, No.158, June 25, 2007, No.91, Decree of the Provisional Government of KR of September 17, 2010, ВП No.128, Laws of KR of July 14, 2011, No.99, October 19, 2011, No.180. 2 Adopted by the 1st United Nations Congress on the Prevention of Crime and the Treatment of Offenders, August 30, 1955. 3 Adopted by Resolution 2200 A (XXI) of the UN General Assembly on December 16, 1966. 4 Approved by Resolution of the Government of the Kyrgyz Republic, of February 2, 2006, No.57. 5 CC of KR entered into force by Law of KR as of October 1, 1997, No69. As amended by Laws of KR of September 21, 1998, No.124, December 9, 1999, No.141. July 23, 2001, No.77, November 19, 2001, No.92, March 12, 2002, No.36, June 22, 2002, No.109, July 8, 2002, No.115, October 16, 2002, No.141, February 17, 2003, No.36, June 11, 2003, No.98, June 11, 2003, No.99, June 11, 2003, No.100, August 5, 2003, No.192, August 9, 2003, No.193, August 24, 2003, No.199, November 14, 2003, No.221, November 15, 2003, No.223, February 15, 2004, No.13, March 7, 2004, No.17, March 23, 2004, No.46, July 26, 2004, No.99, July 27, 2004, No.101, December 15, 2004, No.191, August 5, 3 CEC of KR – Criminal Executive Code of the Kyrgyz Republic6 CPC of KR – Criminal Procedural Code of the Kyrgyz Republic7 2005, No.122, January 5, 2006, No.1, February 6, 2006, No.35, February 13, 2006, No.56, February 13, 2006, No.57, August 8, 2006, No.156, August 8, 2006, No.158, August 8, 2006, No.159, November 22, 2006, No.182, November 22, 2006, No.183, December 28, 2006, No.211, December 28. 2006, No.216, December 29, 2006, No.230, February 12, 2007, No.16, June 25, 2007, No.91, July 31, 2007, No.129, August 6, 2007, No131, August 10, 2007, No.150, August 15, 2007, No.152, June 23, 2008, No.131, July 7, 2008, No.138, July 18, 2008, No.151, August 5, 2008, No.199, October 17, 2008, No.223, October 17, 2008, No.231, December 29, 2008, No.274, December 29, 2008, No.275, January 19, 2009, No.8, February 20, 2009, No.58, February 20, 2009, No.60, March 17, 2009, No.83, May 8, 2009, No.150, July 17, 2009, No.230, July 17, 2009, No. 234, July 24, 2009, No.246, October 13, 2009, No.271, November 20, 2009, No.301, December 17, 2009, No.309, February 10, 2010, No.27, July 11, 2011, No.89, July 26, 2011, No.141, July 26, 2011, No.143, October 18, 2011, No.177, October 27, 2011, No.185, November 1, 2011, No.195, November 10, 2011, No.204). 6 CEC of KR entered into force by Law of KR of 13 December 1999 No.143. As amended by Laws of KR as of 20 March 2002 No.41, 8 July 2002 No.114, 11 June 2003 No.99, 11 June 2003 No.100, 27 July 2004 No.101, 4 May 2007 No.68, 25 June 2007 No.91, 10 February 2010 No.27, 12 July 2012 No.105, 16 July 2012 No.114, 18 March 2013 No.43. 7 CPC of KR. Put in force by Law of KR of June 30, 1999, No.63. As amended by Laws of KR of June 22, 2001, No.55, June 28, 2001, No.62, August 4, 2001, No.81, March 20, 2002, No.41, October 16, 2002, No.141, March 13, 2003, No.61, June 11, 2003, No.98, August 5, 2003, No.192, November 14, 2003, No.221, March 24, 2004, No.47, March 28, 2004, No.52, May 24, 2004, No.68, August 8, 2004, No.111, July 22, 2005, No.112, February 6, 2006, No.35, July 19, 2006, No.123, August 8, 2006, No.157, November 24, 2006, No.188, December 29, 2006, No.232, February 9, 2007, No.13, June 13, 2007, No87, June 25, 2007, No.91, June 25, 2007, No.93, July 14, 2008, No.142, July 14, 2008, No.143, July 18, 2008, No.144, August 5, 2008, No.193, October 17, 2008, No.220, July 17, 2009, No.225, July 17, 2009, No.231, July 17, 2009, No.234, July 24, 2009, No.246, October 12, 2009, No.267, October 12, 2009, No.268, October 26, 2009, No.288, October 26, 2009, No.289, February 10, 2010, No.27, February 25, 2010, No.35, July 11, 2011, No.89, July 26, 2011, No.141, August 9, 2011, No.152, October 27, 2011, No.186, November 16, 2011, No.214). 4 INTRODUCTION This Report is dedicated to the observance by the Kyrgyz Republic of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), which the Kyrgyz Republic acceded to on September 5, 1997. In 1998, in accordance with paragraph 1 of article 19 of the Convention against Torture, the Kyrgyz Republic submitted to the UN Committee against Torture an initial report on measures implementing its obligations under the Convention.8 Based on its review, the Committee against Torture expressed its concern over the general situation with human rights in the Kyrgyz Republic and presented a number of recommendations to improve the situation in the sphere of protection against torture and ill-treatment. The present Report covers the period from 1999 to 2013 and was prepared as an alternative to the Second Periodic Report of the Kyrgyz Republic on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment during the period from 1999 to 2011 (hereinafter referred to as the National Report).9 In preparing this report, statistical data and analytical materials of State bodies have