Human Rights Advocacy Center monitored court hearings to check the legality and justification of detention and application of a preventive measure in Kyrgyzstan.
The goal is to determine the degree to which the practice of investigating judges in exercising judicial control over the legality and justification of detention and application of a preventive measure corresponds to the principles of Habeas corpus and international standards of a fair trial. The experts attended 520 hearings in all regions of the country.
It turned out that in 88.7 percent of cases, the access of observers to trials is limited in Kyrgyzstan. At least 77.2 percent of the relatives of the defendants cannot attend the hearings.
In the overwhelming majority of cases, suspects are immediately brought to courts after arrest. At least 83.8 percent of the detainees agree that the suspicions against them are justified.
In 90.8 percent of cases, the courts consider applications for detention.
Human rights defenders prepared recommendations based on the research results:
- To develop interim guidance on measures to prevent transmission of infection during the pandemic in courts and judicial bodies;
- To develop a manual for the press services of the courts on the issues of accurate, complete, objective coverage of the activities of the judicial system during state of emergency, emergency situation and quarantine;
- In order to resolve the issue of taking into custody, the court must, in each specific case, verify the validity of the suspicion of involvement in the committed crime on the basis of real evidence presented in court;
- In cases where the detention was carried out by other persons not authorized to carry it out, these persons must also be brought in for questioning by the investigating judge to give evidence about the time and circumstances of the detention.
