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LAW OF THE KYRGYZ REPUBLIC

of July 12, 2012 No. 104

About the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment

(as amended of the Law of the Kyrgyz Republic of 30.06.2022 No. 53)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 7, 2012

This Law is directed to creation of system of the prevention of tortures and other types of the cruel, brutal or degrading advantage types of the address and punishment in places of deprivation and restriction of freedom on persons containing in them and determines procedure for the organization and activities of the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment (further - the National center).

CHAPTER 1. GENERAL PROVISIONS

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

cruel, brutal or degrading treatment and punishment (further - ill treatment) - the address and punishment which degrade person as the personality or cause in it sensation of fear, inferiority which can break the moral or physical resistance of this person and causes at the same time rather strong physical or moral suffering;

the place of detention - the place intended for the content of person subjected to administrative detention or arrest, detained on suspicion of crime execution, taken into custody in connection with accusation in crime execution, serving custodial sanction according to the court verdict including:

cameras of temporary detention, temporary detention centers and pre-trial detention centers;

colonies settlements, corrective labor colonies, educational colonies, prisons;

receivers distributors of law-enforcement bodies;

guardrooms;

premises of bodies of the border service for content of persons subjected to administrative detention;

collection points and temporary accommodation of persons and persons who are looking for shelters moved in the republic;

the place of restriction of freedom - any place which is not classified under the characteristics as the place of detention where person stays or can stay according to the order of state body (official) or from its permission which it cannot leave voluntarily, including:

location and objects of law enforcement agencies;

centers of adaptation and rehabilitation of minors;

military units of law-enforcement bodies, defenses, homeland security, criminal executive system and authorized state body in the field of the prevention of emergency situations;

psychoneurological organizations;

specialized agencies for forced treatment of patients with mental diseases, alcoholism, drug addiction and toxicomania; the public and non-state medico-social institutions for aged, minors and persons with limited opportunities of health (nursing homes, orphanages, etc.);

special facilities for the children and teenagers needing special conditions of education;

the national preventive mechanism is the system of the prevention of tortures and ill treatment in places of deprivation and restriction of freedom on persons containing in them functioning by means of activities of authorized state body - the National center;

preventive visit of places of deprivation and restriction of freedom - the free visit of places of deprivation and restriction of freedom performed by the staff of the National center, members of Coordination council and experts on regular basis without prior notice at any time for the purpose of the prevention, protection of persons imprisoned and limited in freedom against tortures and ill treatment and improvement of conditions of keeping;

torture - the intentional causing to any person of physical or mental sufferings made with the purpose to receive from it or from other person of the data or recognition, to punish him for act which was made by it or other person or in making of which it is suspected, and also to intimidate or force to making of certain actions it or other person, or for any reason based on discrimination of any nature when such act is made by the official either on its instigation or from its permission, or acquiescence by any other person.

Article 2. Coverage of this Law

1. This Law governs the relations arising in connection with the organization and functioning of system of the prevention of tortures and ill treatment in places of deprivation and restriction of freedom on persons containing in them, the relations between the National center, state bodies, the non-profit and international organizations and other relations arising in this sphere.

2. This Law does not limit the right of Akyykatchy (Ombudsman) of the Kyrgyz Republic (further - Akyykatchy (Ombudsman), state bodies and non-profit organizations on the visit of places of deprivation and restriction of freedom provided by the current legislation of the Kyrgyz Republic.

Article 3. Legal basis of activities of the National center

1. The legal basis of activities of the National center is the Constitution of the Kyrgyz Republic, this Law, other laws and other regulatory legal acts of the Kyrgyz Republic.

2. The international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic and also the conventional principles and rules of international law are component of system of law of the Kyrgyz Republic.

Regulations of international treaties on human rights have direct action and priority over regulations of other international treaties.

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