17.01.2006

The lawyer Saidkamal Ahmedov: Insulators of the time maintenance - threat for a life of citizens?

To this problem address seldom, insulators of the time maintenance are closed, and what there is happen, even heads of bodies, in charge of whom are the insulators of time maintenance sometimes do not know.

Frequently simple people do not know practically anything about activity of insulator of time maintenance, which is available in each department of internal affairs and where, on the basis of corresponding documents, the persons suspected of fulfilment of those or other offences contain. The primary goal for the maintenance in insulator of time maintenance of the given category of persons is prevention of an opportunity of runaway, evasion from investigation, negative influence on participants of investigation and so on. At the same time the insulator of time maintenance should not be a place, where concerning citizens, detained and installed in the insulator of time maintenance, should be applied those or other illegal actions in the form of beatings, tortures, a psychological pressure with the purpose of reception necessary for operative workers or investigation the necessary indications.

Moreover, concerning citizens, containing in the insulator of time maintenance should be observed certain standards regarding a feed, accommodations, hygiene, clothes, sleeping accessories, health services, contacts to an external world, etc., stipulated by the international document called as " the Minimal standard rules of the reference with prisoners ".

Alas, now the actual validity is far from how should be actually and as it is stipulated by normative documents, and to it there are many acknowledgement.

So the method when operative workers, having agreed with points men of the insulator of time maintenance, without registration of corresponding documents, let in for certain time in the chamber of the detained person now is widespread. After such "excursion", the frightened victim in half an hour is ready to give out any indication or to render other service to militiamen in the form of compensation for clearing.

Such case took recently a place in Osh. Recently, with the purpose of reception of the certain service the employee of the Department of Internal Affairs of city Osh without registration of corresponding documents let in the insulator of time maintenance the citizen Hasanakunova . She has stayed in the chamber about 3-4 hours, and only after her relatives were satisfied with the certain conditions of militiamen, Hasanakunova has been let out from the chamber. The most surprising in this story, that Hasanakunova has addressed with the application in supervisory body, Office of Public Prosecutor of city Osh, on the fact of excess and abusing of the service position by the employee of militia. However the Office of Public Prosecutor has given up in raising of criminal case, in spite of the fact that about this fact testified not only lawyer of Hasanahunova, but also some women, who were in the chamber together with Hasanakunova. Thus, given refused case till this moment repeatedly is considered by judicial bodies, and came back from Supreme Court of Kyrgyz Republic twice, and on it cannot make the corresponding decision.

Much worse, when in insulator of time maintenance absolutely healthy person gets, and leaves sick, physically and person psychologically injured by tortures. So, last year in insulator of time maintenance of Kara-Suu regional department of Internal Affairs, was brought the citizen Parjadov, detained for that, out of time gave money for transferred to him for realization of the goods (actually this civil case, but such cases now prevail and our criminal legal proceedings, and this direct infringement not only of our national but also international legislation - a comment of the author).

In insulator of time maintenance, from Paryadov not only have received "admittingl" indications that exactly he has appropriated money for the sold goods, but also have pulled out at him from a teeth gold crowns. Now Paryadov is condemned for 15 years of imprisonment for untimely execution of the treaty obligations. In this case the lawyer prepares the complaint in Committee for human rights of the United Nations, in connection with infringement of clause 11 of the International Covenant on Civil and Political rights.

There are facts, when having placed in the insulator of time maintenance the alive person, to relatives give out his corpse. Such cases are not individual, and one of them has occured in November, 2005. By employees of Department of Internal Affairs of city Osh has been detained and placed in insulator of time maintenance citizen Enazarov, suspected of fulfilment of a crime. In 15 days his body was brought out from the insulator of time maintenance, and on a body damages have been found out, " incompatible with a life ". Employees of militia have put forward the version about suicide. But, placing a person in the insulator of time maintenance, the body of militia on behalf of the state incurs a duty to not suppose an opportunity of drawing to the arrested person of corporal or other damages, not speaking about the death, including suicide.


Unfortunately, the described cases show, that to such consequences results not only isolation of citizens from a society, but also tortures, including psychological character, mockery, drawing of physical injuries and so on. Methods and kinds of tortures can be listed long as mind of the person is boundless regarding inventing means and methods of mockeries above similar.

Readers, probably, will have a question - and what happened with that person, on what fault was lost Enazarov , who has incurred punishment for a negligence at execution of duty and so on? In clause 9 " the Minimal standard rules of the reference with prisoners " it is spoken: " There, where there are the general chambers, it is necessary to subject prisoners placed in them to careful selection to make sure, that they are capable to live together in such conditions. At night it is necessary to carry out the constant surveillance compatible to character of an institution ".

Recently our society began more watchful concern to activity of the law enforcement bodies, many remedial organizations conduct the work on prevention of infringements of human rights in the closed regime places, but to cover all is difficultly, especially, when the state bodies called to be on guard of legality, in view of not clear circumstances start to tolerate similar infringements.

Member of a network of legal experts " the Voice of freedom ", the lawyer Saidkamal Ahmedov.