Article 4 - Principles of detention

Detention is carried out in accordance with the principles of legality, equality of all citizens before the law, humanism, respect for human dignity, the principles and norms of international law, as well as international treaties that have entered into force in accordance with the procedure established by law, to which the Kyrgyz Republic is a party, and must not be accompanied by torture or other actions aimed at causing physical or moral suffering to suspects and accused of committing crimes who are in custody.

Article 7 - Places of detention of suspects and accused persons

Places of detention of suspects and accused persons are: - pre-trial detention facilities of the penal system; - pre-trial detention facilities of the national security agencies of the Kyrgyz Republic; - temporary detention facilities for suspects of the internal affairs agencies of the Kyrgyz Republic; - temporary detention facilities for suspects of the national security agencies of the Kyrgyz Republic; - guardhouses (garrison guardhouses) of the Armed Forces of the Kyrgyz Republic. On this Page Description This instrument has been referred in the following questions

Article 9-1 - Procedure for the transfer of persons from places of detention

A suspect, accused, defendant (in respect of whom a court sentence has not entered into legal force) may be transferred from one place of detention to another place of detention on the basis of a court ruling (determination), a prosecutor's ruling, an investigator with the consent of the supervising prosecutor in cases of transfer of a criminal case to the proceedings of another body that has a temporary detention facility or a pre-trial detention facility, and (or) when changing the location of the investigation or consideration of a criminal case in court.

Article 16 - Rights of suspects and accused

Suspects and accused persons have the right to: - familiarize themselves with the text of the Internal Regulations, including their rights and obligations, detention regime, disciplinary requirements, the procedure for submitting proposals, applications, complaints, etc.; - personal safety in places of detention; - personal reception by the head of the place of detention, his deputies or persons authorized by him; - to meet with a defense attorney, relatives and other persons listed in Article 17 of this Law, in accordance with the provisions of the Criminal Procedure Code of the Kyrgyz Republic; - keep documents and records related to the criminal case or concerning issues of exercising their rights and legitimate interests, with the exception of those documents and records that can be used for illegal purposes or contain information constituting a state, official or other secret protected by law; - submit proposals, applications and complaints to authorities, including the court, on issues of legality, validity of their detention and violation of their legal rights and interests; - conduct correspondence and use writing materials; - receive free meals, material and household and medical and sanitary support, including during the period of their participation in investigative actions and court hearings; - eight hours of sleep at night, during which they are prohibited from participating in procedural and other actions, except for cases stipulated by the Criminal Procedure Code of the Kyrgyz Republic; - enjoy a daily walk lasting at least one hour; - use things and objects owned by personal property, the list and quantity of which are determined by the Internal Regulations; - use literature and periodicals from the library of the place of detention or purchased through the administration of the place of detention in the retail network, as well as board games; - to conduct religious rites in the premises of the place of detention of suspects and accused persons, to have classical religious literature, objects of religious worship. The above actions must not violate the rights of other suspects and accused persons. Note: classical religious literature means religious literature that does not incite national, racial or religious hatred; - to invite a clergyman through the administration of the place of detention of suspects and accused persons to conduct religious rites; - to engage in self-education and use special literature for this purpose, including that which belongs to them on the basis of personal property; - to receive parcels, packages; - to engage in physical education (exercise training, sports games, athletic gymnastics, etc.); - to be treated politely by employees of the places of detention; - to participate in civil transactions. Accused persons, in respect of whom detention has been applied as a preventive measure and who are held in pre-trial detention facilities and prisons, also have the right (additionally): - to subscribe to newspapers and magazines and receive them; - to receive and send money transfers; - to purchase food products and essential items in the store (kiosk) of the pre-trial detention facility (prison) or through the administration of the place of detention in the retail network; - to enter into and dissolve marriage, participate in other family-legal relations if this does not contradict this Law. Suspects and accused persons with visual impairments have the right to receive and use literature in Braille or with large print, audio books, materials on the criminal case prepared by an assistant, as well as devices for playing and recording audio books and materials.

Article 17 - Meeting with a defense attorney, relatives and other persons

From the moment of the first interrogation or actual detention, suspects and accused of committing crimes are granted meetings with their defense attorney in private, without limitation on their number and duration. Employees of places of detention grant suspects, accused, defendants meetings with their defense attorneys on the basis of a document (order-order) confirming the participation of the lawyer in the criminal case on the side of the suspect, accused, defendant held in custody, as well as a document certifying his identity, in private, without limitation on their number, duration, in conditions allowing the employee to see them, but not hear them. On the basis of written permission from the person handling the criminal case, suspects and accused may be granted no more than two meetings per month with relatives and other persons for up to three hours each. Meetings with relatives and other persons are carried out under the supervision of employees of places of detention and in the event of an attempt to transfer prohibited items or information to the suspect or accused that may hinder the establishment of the truth in a criminal case, they are terminated early. Meetings with suspects and accused of committing crimes with their defense attorneys in places of their detention are also provided on weekends.

Article 17-1 - Visit to the place of detention of suspects and accused persons

The President of the Kyrgyz Republic, the Speaker of the Zhogorku Kenesh of the Kyrgyz Republic, the Prime Minister of the Kyrgyz Republic, deputies of the Zhogorku Kenesh of the Kyrgyz Republic, the Akyikatchy (Ombudsman) of the Kyrgyz Republic, members of the Coordination Council, employees of the National Center of the Kyrgyz Republic for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment have the right to visit places of detention of suspects and accused persons without special permission in the exercise of their powers provided for by the relevant law.

Article 19 - Correspondence

Suspects and accused persons are allowed to correspond with relatives and other persons without limitation on the number of received and sent telegrams and letters. Correspondence is carried out only through the administration of the place of detention and is subject to censorship carried out by the administration and, if necessary, by the person or body in charge of the criminal case. The delivery of letters received in the name of the suspect or accused person, as well as their dispatch to the addressees, is carried out by the administration of the place of detention no later than three days from the date of receipt of the letter or its delivery by the suspect or accused, with the exception of weekends and holidays. If it is necessary to translate a letter from the official language into the state language or from the state language into the official language, for the purpose of censorship, the period for the delivery of the letter may be extended by the time required for the translation, but not more than two days. If it is necessary to translate a letter from a foreign language into the state or official language or from the state or official language into a foreign language, the period for transmitting the letter may be extended by the time required for the translation, but not more than ten days. Notifications of the death or serious illness of a close relative shall be transmitted to the suspect or accused immediately (no later than one hour) after their receipt. Letters received in the name of the suspect or accused after his departure or release from places of detention shall be sent to the addressee no later than three days after their receipt at the expense of the place of detention.

Article 22 - Material and household support

Suspects and accused persons are provided with living conditions that meet the requirements of hygiene, sanitation and fire safety established by the regulatory legal acts of the Kyrgyz Republic. Suspects and accused persons are provided with an individual sleeping place. Suspects and accused persons are provided with bedding, dishes and cutlery. All cells are provided with radio broadcasting equipment, and, if possible, with televisions, refrigerators and ventilation equipment. Literature from the library of the place of detention or purchased in the retail network through the administration of the said places, as well as board games are issued to the cells. The standard sanitary area in a cell per person is set at 3.25 square meters.

Article 23 - Health Care

Medical and preventive and sanitary-epidemiological work in places of detention shall be carried out in accordance with the legislation on the protection of health of citizens of the Kyrgyz Republic, which the administration of the said places is obliged to comply with. The procedure for providing medical, including psychiatric, assistance to suspects and accused persons, as well as the procedure for their detention in medical institutions and the involvement of personnel of these institutions in their care shall be determined by the Cabinet of Ministers of the Kyrgyz Republic. If a suspect or accused person receives bodily injuries, medical assistance shall be provided to him immediately by a medical worker of the place of detention, and the results of the medical examination shall be recorded in the established manner and communicated to the victim. By decision of the head of the place of detention or the person or body in charge of the criminal case, or at the request of the suspect and accused or his defense attorney, the medical examination shall be carried out by employees of medical institutions. Refusal to conduct such an examination may be appealed to the supervising prosecutor. In case of serious illness of the suspect or accused, the administration of the place of detention immediately (no later than one hour) from the moment this fact is established notifies the close relatives; in case of death, in addition to the relatives, the supervising prosecutor is notified, who conducts an investigation of this fact. In case of serious illness, the suspect or accused is placed in a specialized medical institution of the internal affairs bodies, the penal system or a medical institution of the authorized state body in the field of health. In case of death, the body of the deceased, after a pathological or forensic medical examination, as well as the performance of actions provided for by the Criminal Procedure Code of the Kyrgyz Republic, is handed over to the persons who claimed it. The burial of the deceased, whose body is not claimed, is carried out at the expense of the state.

Article 28 - Peculiarities of women's detention

Female suspects and accused in places of detention are held separately from male suspects and accused. Female suspects and accused have the right to have children under the age of three with them. Improved material and living conditions are created for pregnant women and women with children, specialized medical care is organized, and increased food and clothing standards are established, as determined by the Cabinet of Ministers of the Kyrgyz Republic. Restrictions on the duration of daily walks for pregnant women and women with children are not allowed. Pregnant women and women with children cannot be placed in a punishment cell as a disciplinary measure. If a woman violates the established order in places of detention more than three times or systematically fails to care for the child, the administration of the place of detention initiates a petition for the temporary transfer of the child to relatives or other persons or to a children's institution. Such a petition may also be filed at the initiative of investigative bodies if, with the participation of a woman, investigative actions are to be carried out in different cities, during the cold season or on the territory of other states, in the manner established by international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party.

Article 29 - Detention of minors

Juvenile suspects and accused of different sexes are kept separately from each other and adults in places of detention. They are provided with improved material and living conditions and are provided with increased nutritional standards determined by the Cabinet of Ministers of the Kyrgyz Republic. Juvenile suspects and accused are given a daily walk of at least two hours. During walks, suspects are given the opportunity to exercise, and accused - to exercise and, if possible, to play sports. If appropriate conditions are available, juvenile accused are provided with television viewing, rooms for sports activities are equipped, as well as outdoor sports grounds, and conditions are created for continuing and obtaining general secondary education. Cultural and educational work is carried out with them. Juvenile accused are allowed to receive textbooks and school supplies or purchase them at their own expense, as well as receive them in packages and parcels without limiting their quantity.

Article 32 - Personal security of suspects and accused persons, their protection and control over them

In the event of a threat to the life and health of a suspect or accused, or a threat of a crime being committed against their person by other suspects or accused, employees of places of detention are required to immediately take measures to ensure the personal safety of the suspect or accused.