The Kyrgyz Republic Law “On the Kyrgyz Republic National Center for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” establishes the right of the National Center to visit alland any places of detention on any day and at any time of the day without prior notification to such places’ management and other bodies.
- National Center can have personal and private talks with inmates;
- National Center can request and receive from the administration of places of detention any information concerning the treatment and conditions of inmates’ detention, including medical histories, subject to inmates’ consent, administration’s orders to impose penalties, documents certifying the legality of inmates’ stay in places of detention;
- Workers of the National Center can take photos and make audio or video recordings,
- National Center can make copies of documents obtained from the administration.
- Photos and video records of persons responsible for inmates’ security and protection can be made subject to administration’s permission and the consent of the persons of the administration, as well as with the consent of the persons at whom a photo or a video camera is directed.
There are three types of preventive visits.
What is a preventive visit?
- Special preventive visit follows each report on the use of torture, ill-treatment, and death in places of detention or to investigate a particular problem.
- Comprehensive preventive visit aims to carefully study the situation in a given institution, identify the main factors contributing to the use of torture and ill-treatment with regard to inmates. It implies individual interviews with an inmate, the study of information relating to the treatment thereof,subject to the inmate’s consent.
- Interim preventive visit aims to monitor the recommendations and ensure that both inmates and staff of a place of detention were not repressed for cooperating with the monitoring group.
Who can visit?
For the purpose ofapreventive visit to a place of detention, the director of the National Center or the head of a regional office shall form a monitoring group from among the employees of the National Center, members of the Coordination Council, and, if necessary, experts from various fields.
What is not part of NPM authority?
National center have no right to examine and investigate individual complaints of torture. This is the prerogative of the prosecution authorities, the judiciary and the Ombudsman. However, the National Center is obliged to report all and any such cases revealed during monitoring visits to the authorized bodies.