In Kyrgyzstan tortures have legalized? Two opinions on one law!
In Kyrgyzstan some crimes from the category of criminal are transferred to a category of administrative offences. So now it is impossible to institute criminal proceedings employees of law enforcement bodies whom persons at detention "committed a crime" will deliberately put such person heavy a mutilation.
« Deliberate causing of heavy or less heavy harm to health at excess of the measures necessary for detention of the person, committed a crime », - attracts imposing the penalty in size from fifteen, up to twenty settlement parameters, on officials - from fifty up to hundred settlement parameters (one settlement parameter is equal hundred catfishes or 2,6 US dollars). New article of the Code about administrative offences of Kyrgyzstan says so.
The first opinion: « In Kyrgyzstan tortures have legalized»
It means that from this moment kyrgyz citizens are supposed to be ready to be rigidly beaten. Now militiamen and others employees of regional departments of internal affairs are able to beat out of the necessary indications on a quite lawful bases. Such opinion has stated Lubov Ivanova the Bishkek lawyer. The lawyer with the 32-years experience from which seven she years has worked as a judge, and twenty five - the lawyer, considers, that the given innovation unties hands to employees of law enforcement bodies.
L.Ivanova: - If there is no uniformity law enforcement practice, if there is no decision of plenum of the Supreme court or an explanation of corresponding committee of parliament of republic, than every practising lawyer treats the offered law on the own understanding. As he or she thinks and understands. So, i have no doubt and i have clear understanding that this article would be considered in a wrong way by our militiamen, especially when they will torture deteined people.
Fergana. Ru: - Can we say that this law means that tortures are legal in Kyrgyzstan from now?
L.Ivanova: - Yes, tortures are legalized! Now it is possible to harm deliberately to health, to give punches, including it absolutely necessary. And it wouldn't illegal act, because perpetraitors at detention or direct after detention could say that arrest person was a shock condition and five times has hit a head on asphalt so that they won't be responsible.
Fergana. Ру: - Can we say that this law is fraught? What consequences should we expect?
L.Ivanov: - In Kyrgyzstan tortures now are legalized. You perfectly understand it, but want to receive acknowledgement of the practising lawyer …
.Now it doesn't matter would it be considered as tortures or not, but it would be absolutely legal to beat anyone to death on lawful bases. Anyway, as we know during all four-year-old term of existence in the Kyrgyz Criminal code article providing the responsibility for "tortures" noone has been condemned as "torturer". Interviewyer the journalist and a member of advisory council of IA «Fergana.Ru» Ulugbek Babakulov