Business Ombudsman of Kyrgyzstan Robin Ord-Smith made a statement on violation of the rights of business entities. His statement was sent out by his press service.
Robin Ord-Smith expressed concern about increasing number of media reports about pressure on business entities.
«Cases of disclosure of full data of business entities on alleged economic crimes are of serious concern. These facts cause serious reputational and economic damage to business entities and are a violation of Article 160 of the Criminal Procedure Code, which establishes inadmissibility of disclosing data of pre-trial proceedings,» he stressed.
In particular, the Business Ombudsman noted that the data obtained during pre-trial proceedings within a criminal case are not subject to disclosure, and the authorized official of the inquiry body, the investigator warns the witness, victim, defense lawyer, expert, specialist, translator and other persons present at the production of investigative actions, against the inadmissibility of disclosing the data of pre-trial proceedings and has the right to take away their non-disclosure agreement with a warning of responsibility in accordance with the Code of Misconduct.
In addition, any statements, publications or conclusions about the alleged guilt / involvement of a person in commissioning of a crime, read out / published before a lawful court decision is issued, violates the basic principle of human rights and freedoms — presumption of innocence (Article 26 of the Constitution).
Robin Ord-Smith reminded business entities of their right to receive advice and file complaints against actions (decisions) or inaction of state bodies, local governments and public sector enterprises in cases of violation of their rights, freedoms and legitimate interests.
«Provision of consultations and consideration of complaints are carried out free of charge in compliance with the principles of the rule of law, respect and observance of human and civil rights and freedoms, legality, impartiality, independence, political neutrality, openness and transparency,» he concluded.
