ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 7, 2018 No. 419

About approval of Regulations on guardrooms of Armed Forces of the Kyrgyz Republic

For the purpose of streamlining of the organization of activities of guardrooms of Armed Forces of the Kyrgyz Republic, according to Item 37 of appendix No. 14 to the Charter of garrison and guard services of Armed Forces of the Kyrgyz Republic, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on guardrooms of Armed Forces of the Kyrgyz Republic according to appendix.

2. To the General Staff of Armed Forces of the Kyrgyz Republic (under approval), to the authorized state body knowing questions of defense, to other military forming and state bodies in which the military service is provided to bring the decisions into accord with this Resolution.

3. This Resolution becomes effective since January 1, 2019.

4. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of September 7, 2018 No. 419

Regulations on guardrooms of Armed Forces of the Kyrgyz Republic

Chapter 1. General provisions

1. These rules of internal rules and procedures on guardrooms of Armed Forces of the Kyrgyz Republic (further - Rules) regulate questions of procedure and conditions of keeping on guardrooms of suspects, persons accused and arrested, providing their rights, obligations and responsibility according to the legislation of the Kyrgyz Republic.

2. The legal basis of these rules are the Penitentiary code of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses, the Code of penal procedure of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes", the Charter of garrison and guard services of Armed Forces of the Kyrgyz Republic, and also other regulatory legal acts of the Kyrgyz Republic governing this circle of the public relations.

3. Rules are aimed at providing detention regime on guardroom and are obligatory for the staff keeping watch as a part of guard, the military personnel, suspects, persons accused and arrested, and also the other persons visiting guardroom.

Chapter 2. Procedure for acceptance and content on guardroom of suspects, persons accused and arrested

4. Suspects, persons accused and arrested are accepted round the clock by the chief of guardroom, and in its absence - the chief of guard (with the notification of the military commandant) which checks availability of the bases for the room them for guardroom, interviews delivered and verifies their answers with data of the protocol of detention (The resolution, determinations, court verdicts) and other documents, registers suspects, persons accused and arrested of the book of accounting of such persons.

In case of revenues to guardroom of group of persons, they accommodate for the term of no more than two hours in the camera temporarily of the detainees equipped in rooms for production of personal searches.

In case of absence in states of position of the person on duty on guard of its obligation the chief of guard carries out.

5. Persons brought for settlement to guardroom in the presence of witnesses are exposed to personal search, fingerprinting, and the things which are in case of them - to examination. Personal search can be executed only by same-gender person with searched and in the presence of witnesses of the same floor. Carrying out personal search, fingerprinting, and also examination of things of suspects, persons accused and arrested is made by the person on duty on guard.

Upon termination of personal search and examination the protocol which is signed by person executing search, witnesses and searched is constituted. The refusal of suspects, persons accused and arrested of the signature and the claims declared at the same time are reflected in the protocol of search (appendix 1 to these rules).

6. Only those objects, things and food which they are allowed to have in case of themselves are left to persons brought to guardroom and to store in the camera, in quantity and assortment, certain these rules.

The prohibited objects, things and food withdrawn from suspects, persons accused and arrested are transferred to storage or destroyed according to the motivated decision of administration of guardroom about what the relevant statement, with the notification of the prosecutor is drawn up.

The money withdrawn in case of personal search from suspects, persons accused and arrested, securities and things (awards, medals and documents to them), according to the decision of the investigator is given to relatives or administration of guardroom, and personal belongings - in guardroom left-luggage office.

7. The money withdrawn in case of personal search, jewelry, securities, objects, things and food can be transferred or sent relatives or other persons only with the permission of the investigator, the prosecutor or court.

8. The procedure for medical examination delivered to guardroom and passings of sanitary processing by them before placement on cameras is performed according to these rules.

9. After the production of personal search, poll, survey and sanitary processing delivered the person on duty on guard (the chief of guard) acquaints them with Regulations of guardroom and according to requirements of the Law of the Kyrgyz Republic "About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes" and these rules places newcomers on cameras.

10. On guardroom persons concerning whom protocols of detention, Resolutions on detention and other relevant documents are processed with violations of requirements of the Code of penal procedure of the Kyrgyz Republic and the Law of the Kyrgyz Republic "About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes" are not accepted.

11. Suspects, persons accused and arrested contain in mass or solitary confinements according to the requirements about separate placement provided by Articles 28, 29 and 31 Laws of the Kyrgyz Republic "About procedure and conditions of detention of persons detained on suspicion and accusation in making of crimes".

Accommodation of suspects, persons accused and arrested of solitary confinements for more than one days is performed according to the motivated decision of the chief of guardroom approved with the military prosecutor (appendix 2 to these rules).

Accommodation of suspects, persons accused and arrested of solitary confinements does not require the consent of the military prosecutor in the following cases:

- in the presence of the written application of the suspect, the person accused and the arrested about single content;

- for the benefit of safety of life and health of the suspect, the person accused and the arrested or other suspects, persons accused and arrested;

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