Chapter 2 Requirements for equipping premises for holding persons under arrest

10. The following requirements are imposed on the premises for holding persons under arrest: - the temperature of the premises must not be lower than +18 degrees Celsius. With the onset of darkness, electric lighting or alternative energy sources (generators, solar panels) are turned on in the premises, which are provided until full dawn; - each room must have an area of ​​at least 6 square meters; - the walls of the premises are plastered smoothly and must not adjoin the common corridor; - the door must be without handles on the inside, open outward and close with a bolt and lock. The door is also equipped with a viewing window made of unbreakable transparent plexiglass, the size of which allows for observation of persons under arrest. 11. In the wall of each room facing the room of the operational duty officer, an opening of the maximum possible width and a height of at least 2 meters is installed, filled with a lattice partition with a lattice door. The partition and door are made of strip steel with a cell size of 200 mm ⨯ 200 mm. Each cell is filled with tightly attached organic glass, at least 5 mm thick. The size of the door leaf should be 0.75 m ⨯ 1.8 m. The doors are closed on the outside with a latch. Above the lattice partition, the brick wall should be at least 380 mm thick. 12. The premises must have windows in the outer walls 0.9 m wide and 0.6 m high. The bottom of the window should be located at a height of at least 1.6 m from the floor level. In window openings, slopes with rounded corners are used instead of window sills. 13. On the outside of the window opening or between the window frames, a metal grate made of round steel with a diameter of 20 mm and transverse strips with a cross-section of 60 mm ⨯ 12 mm is installed. The dimensions of the grate cells must be 120 mm ⨯ 200 mm. The embedded parts for fastening the grates must be embedded in the wall by 100 mm ⨯ 150 mm. 14. Mechanically actuated supply ventilation and naturally actuated exhaust ventilation are installed in the premises. 15. Persons subject to arrest are placed on metal beds or trestle beds (plank beds) whose bases are firmly connected to the floor. The standard sanitary area in the premises per person is set at 3.25 square meters, and bedding is provided. 16. There must be no protruding pipes, fasteners, or objects inside the premises that can be used by the delivered persons to attempt suicide or attack other persons. Heating radiators in the premises are protected by casings made of sheet iron or grates without sharp protrusions. 17. Electrical wiring is laid hidden under the plaster. Electric lamps for lighting the rooms are placed in niches above the door or on the ceiling and are protected by metal gratings/nets. 18. Alarms and video surveillance cameras are installed in the premises for holding persons subject to arrest.

Article 59 - Right to liberty

1. Everyone has the right to liberty and security of person. 2. No one may be deprived of liberty solely on the grounds that he is unable to fulfill a civil obligation. 3. No one may be detained, taken into custody, or deprived of liberty except by a court decision and only on the grounds and in the manner established by law. 4. No one may be detained for a period exceeding 48 hours without a court decision. Every detained person must be brought before a court immediately, before the expiration of 48 hours from the moment of detention, to decide on the legality and validity of his detention. If the grounds on which the person was detained no longer exist, he must be immediately released. In certain cases, the law may establish shorter periods of detention. 5. Every detained person must be promptly informed of the reasons for the detention and his rights explained. From the moment of detention, the person is provided with security, the opportunity to defend himself personally, to use qualified legal assistance of a lawyer, as well as the right to a medical examination and assistance of a doctor. 6. Every person detained or taken into custody in violation of the provisions of this article has the right to compensation for damages at the expense of the state, with payment of compensation in the manner and amount established by law. In the event of knowingly illegal and unjustified detention and detention, officials bear criminal liability.

Article 28 - Types of penalties

The following types of penalties may be applied for committing offenses: 1) warning; 2) community service; 3) fine; 3.1) deprivation of the right to drive vehicles; 4) deportation of foreign citizens; 5) arrest.

Article 33 - Arrest

1. Arrest consists of keeping the offender isolated from society in places determined by the internal affairs agencies, and is applied for a period of up to seven days. The place of detention of the arrested persons must comply with sanitary standards and exclude the possibility of acquiring (infecting) any diseases. The procedure for the functioning of places of detention and the requirements for keeping persons in them are approved by the Cabinet of Ministers of the Kyrgyz Republic. 2. Arrest is applied to an individual for the purpose of restoring law and order and educating the person, as well as preventing the commission of new offenses by this person himself or by other persons. 3. Arrest is applied by the court at the place of the offense, and in conditions of emergency or martial law - by the commandant. 4. Arrest may not be applied to children, women over the age of fifty-five and men over the age of sixty, pregnant women, women with children under the age of three, and persons raising a child under the age of sixteen alone, as well as persons with disabilities of the first and second groups.

Article 96 - Grounds for detention

1. Detention of a suspect in committing a crime is a short-term de facto deprivation of freedom of movement of a person, which is used by an investigator in urgent cases in order to prevent a crime or to establish the involvement of the detainee in a crime. 2. An investigator has the right to detain a person on suspicion of committing a crime for which a penalty of imprisonment may be imposed, if one of the following grounds is present: 1) if the person is caught committing a crime or immediately after it has been committe 2) if eyewitnesses, including victims, directly point to this person as the person who committed the crime; 3) if obvious traces of a crime are found on the suspect or on his clothes, with him or in his home. 3. The detention of persons suspected of committing crimes shall be carried out after special investigative or investigative actions have been carried out, sufficient to inform the suspect of the crime he is suspected of committing, with the exception of the cases provided for in Part 2 of this Article. 4. In the event of the detention of an accused person who has been declared wanted, a detention order shall be drawn up in the manner provided for in Article 97 of this Code, and notification shall be sent in accordance with Article 102 of this Code.

Article 97 - Procedure for detaining a suspect

1. The order to detain a suspect is drawn up at the time of his delivery to the investigative body. At the time of actual detention, the suspect must be informed of what he is suspected of, and also explained his right not to testify against himself, the right to have a lawyer, and the right to use state-guaranteed legal assistance. 2. The order to detain shall indicate the date and place of its preparation, the position, last name, and first name of the person who drew up the order, information about the identity of the suspect, his physical condition at the time of detention, the grounds and motives, the place and time of actual detention (indicating the hour and minutes), information about the explanation to the suspect of the rights provided for in Article 44 of this Code, the results of the personal search and telephone conversation. 3. The order to detain is announced to the suspect and signed by the investigator and the detainee, indicating the exact time of the actual detention of the suspect, as well as the lawyer. 4. A copy of the ruling shall be immediately handed to the detainee and sent to the prosecutor within 12 hours. 5. Before the expiration of 45 hours, or in the case of a child suspect, before the expiration of 21 hours from the moment of actual detention, the suspect shall be brought to court to decide on the legality and validity of his detention in the manner prescribed by Article 265 of this Code. When detaining a person who has been declared wanted, verification of the legality and validity of the detention is not required. In this case, before the expiration of 48 hours, or in the case of a child, before the expiration of 24 hours from the moment of detention, the person shall be brought to court to consider the issue of establishing the period for applying the preventive measure or changing the preventive measure. The detention of persons suspected of committing crimes for which the statute of limitations for criminal prosecution has expired is not permitted. 6. The investigator, if necessary, is obliged, at the request of the defense, to ensure timely (no later than 12 hours) access to the suspect located in the place of detention for a medical examination and, if necessary, for the assistance of a doctor. 7. A complaint by a detained suspect against the actions (inaction) and decisions of the inquiry or investigation body shall be immediately sent by the head of the place of detention to the court with the entry of data in the Unified Register of Crimes.

Article 104 - Preventive measures and their types

1. Preventive measures are measures applied to the accused to prevent his/her inappropriate behavior during the investigation and trial of a criminal case. 2. Types of preventive measures: 1) written undertaking not to leave; 2) transfer to the supervision of the command of a military unit; 3) transfer of a child to the supervision of parents or persons and organizations replacing them; 4) bail; 5) house arrest; 6) detention. 3. Only one preventive measure may be applied to the same person, except in cases where another crime has been committed. In the event of application of two or more types of preventive measures to the same person in different criminal cases, the most severe preventive measure shall be applied.

Article 105 - Grounds for applying preventive measures

1. If there are sufficient grounds to believe that the accused will abscond from the investigation or trial, or may threaten a witness or other participants in criminal proceedings, destroy evidence, or otherwise obstruct the objective conduct of the investigation and trial, or will continue to engage in criminal activity, and also to ensure the execution of the sentence, the investigator, prosecutor, investigating judge and court, within the limits of their authority, shall apply to this person one of the preventive measures provided for in Article 104 of this Code. 2. A preventive measure in the form of detention may be applied to a person for the purpose of ensuring his subsequent extradition for criminal prosecution or the execution of a court sentence in the manner provided for in Article 528 of this Code.

Article 106 - Procedure for applying preventive measures

1. When applying a preventive measure, the investigator, prosecutor, investigating judge, or court shall issue a reasoned ruling or determination indicating the surname, first name, and patronymic, year and place of birth of the accused, the nature of the charge, the article of the criminal law under which the charge was brought, the type of preventive measure applied, and the grounds for its selection. 2. The investigator's ruling on applying a preventive measure shall be announced to the accused against signature, and a copy shall be sent to the prosecutor. At the same time, the procedure for appealing the decision on applying a preventive measure, as provided for in Chapter 15 of this Code, shall be explained to him. 3. When applying a preventive measure in the form of bail, house arrest, or detention, the investigator, with the consent of the prosecutor, shall file a corresponding motion with the court. The ruling on filing the motion shall set out the reasons and grounds by virtue of which it became necessary to apply the corresponding preventive measure with respect to the accused. Materials confirming the validity of the motion shall be attached to the ruling. If the motion is filed with respect to an accused detained in the manner prescribed by Articles 96 and 97 of this Code, the said materials must be submitted by the investigator to the investigating judge within 45 hours from the moment of actual detention, and with respect to a child - within 21 hours from the moment of actual detention. 4. A copy of the resolution on filing a motion to apply a preventive measure with the attached documents confirming the validity of the motion shall be handed by the investigator to the accused and his lawyer no later than 3 hours before it is submitted to the investigating judge. 5. The resolution on filing a motion to apply a preventive measure shall be considered by the investigating judge with the participation of the accused, the prosecutor, and the lawyer at the place of the investigation or the place of detention of the accused within 5 hours from the moment the materials are submitted to the court. The person detained in the manner prescribed by Articles 96 and 97 of this Code shall be brought to the court hearing. In a court hearing when a preventive measure is applied to an accused child, the participation of his/her legal representative is mandatory. In a court hearing, a lawyer has the right to file motions on the need to apply another preventive measure or not to apply a preventive measure in written or oral form. A written motion is attached to the case. In circumstances that exclude the participation of a lawyer, he/she is replaced by another lawyer in accordance with Part 5 of Article 50 of this Code. 6. The adoption of a court decision on the application of a preventive measure in the absence of the accused is allowed with the mandatory participation of a lawyer. 7. The ruling of the investigating judge on the application of a preventive measure in the form of bail, house arrest, detention or on the refusal to do so may be appealed by the prosecutor, the accused and his/her lawyer to a higher court in the appellate procedure within 5 days. The filing of a submission or complaint against the ruling of the investigating judge until they are resolved does not suspend the effect of the ruling on the application of a preventive measure and does not entail its cancellation.

Article 107 - Circumstances taken into account when applying a preventive measure

1. When deciding on the need to apply a preventive measure, on determining its type in the presence of grounds provided for in Article 105 of this Code, the investigating judge, the court shall take into account the validity of the charge, information about the personality of the accused, his age, state of health, family status, occupation and other circumstances. 2. The investigator, the court shall: 1) if the person taken into custody has children who are left without supervision, transfer them to the care of the appropriate persons or organizations; 2) if the person taken into custody has property or housing that is left without supervision, take measures to protect it. 3. The investigator, the court shall notify the suspect, the accused in custody of the measures taken.

Article 114 - Detention

1. Taking into custody as a preventive measure shall be applied by a court decision when it is impossible to apply another, more lenient, preventive measure to persons accused of committing crimes for which the criminal law provides for a punishment in the form of imprisonment for a term exceeding 5 years. When applying a preventive measure in the form of taking into custody, the ruling of the investigating judge, the court, the court's determination must indicate the specific, factual circumstances on the basis of which the judge, the court made such a decision. Such circumstances may not be data that was not verified during the court hearing or presented in violation of the requirements of this Code.

Article 348 - Types of sentences

1. A court verdict may be guilty or acquittal. 2. A guilty verdict may be rendered: 1) with the imposition of a punishment to be served by the convicted person; 2) with the imposition of a punishment and release from serving it; 3) with the imposition of a punishment and release from punishment with the application of probation supervision; 4) without imposition of a punishment.

Chapter 1 - The procedure for filing, registering and refusing to register an application for recognition as a refugee in the Kyrgyz Republic

If a person expresses a desire to submit an application at a checkpoint across the State Border of the Kyrgyz Republic, the authorized employee of the immigration control body: - explains to the person and his family members the procedure for submitting an application, observing the conditions of confidentiality; - issues an application form to be filled in according to the form in accordance with Appendix 1 to this Regulation; - provides the address and contact details of the authorized body to which the application must be submitted, or, at the request of the person, accepts the application for further forwarding to the authorized body within the timeframes established by Article 4 of the Law of the Kyrgyz Republic "On Refugees"; - carries out passage across the State Border of the Kyrgyz Republic if the person has valid documents granting the right to cross the State Border of the Kyrgyz Republic. If a person does not have the appropriate entry permit or identity document, or if forged documents are used, immigration control authorities place him/her in a temporary detention facility, at a checkpoint across the State Border of the Kyrgyz Republic, for the purposes of: - establishing and identifying the person; - conducting investigations in cases of destruction of identity documents or use of forged documents; - ensuring national security and public order. At the same time, immigration control authorities inform the authorized body or its territorial structures about the placement of the person who submitted the application in a temporary detention facility, having recorded in writing the time, date and details of the recipient of the information. The authorized body immediately registers and confirms the information received by fax or other means, and sends an employee to the checkpoint across the State Border of the Kyrgyz Republic to register the application and issue a certificate of registration of the application (hereinafter referred to as the certificate). A certificate issued by an authorized body at a checkpoint across the State Border of the Kyrgyz Republic to persons applying for refugee status without documents entitling them to cross the State Border of the Kyrgyz Republic is the basis for the person’s entry into the territory of the Kyrgyz Republic for further refugee status determination procedures. Immigration control authorities grant employees of the authorized body the right to access procedures assigned to them in accordance with the legislation in the field of refugees of the Kyrgyz Republic, and, at the request of the person, provide the opportunity to contact the UNHCR office, its representative and an interpreter. The period of stay in the temporary detention facility must not exceed 48 hours. Applications submitted at a checkpoint across the State Border of the Kyrgyz Republic by a person who was previously denied refugee status or by a person who has lost refugee status are considered until the end of the period of stay in the temporary detention facility.