Akyikatchy calls on judiciary to release four teenagers from pre-trial detention centre

Akyikatchy (Ombudsman) Dzhamiliya Dzhamanbaeva calls on the judicial and prosecutorial authorities to ensure that the rights of minors are respected in accordance with national legislation.

 It should be noted that the staff of the Ombudsman Institute constantly monitors court proceedings in accordance with the mandate.

Earlier, the court of the Sverdlovsk District Court of Bishkek left in custody until 26 November four minors - from 14 to 16 years old - accused of a less serious crime under Article 280 p.2 part " Bullying" of the Criminal Code of the Kyrgyz Republic.

At the same time, as noted by the staff of the Ombudsman Institute's department for the observance of human rights, law enforcement agencies and places of restriction of freedom, the court did not listen to the testimony of the minors. This is a violation of generally accepted norms of international law.

In addition, the judge disregarded the arguments of the representative of the Family and Children Support Department of the Sverdlovsk District Administration of Bishkek about the need to release the suspected minors from custody and place them under the responsibility of their parents.

The judge also ignored the decision of the plenum of the Supreme Court of the Kyrgyz Republic on the practice of application by the courts of criminal procedural legislation on verification of the legality and validity of detention and preventive measures, which prescribes the detention of minors  only in exceptional cases: suspicion of committing a particularly serious offence, violation of the conditions of a previously applied preventive measure, or if the person has absconded from a pretrial body or court.

Akyikatchy calls on law enforcement and judicial bodies of the Kyrgyz Republic to strictly adhere to the following principles when investigating criminal cases and administering justice with regard to minor children law enforcement and judicial bodies of the Kyrgyz Republic to strictly adhere to the juvenile justice legislation the Code of Juvenile Justice Laws, plenums of the Supreme Court of the Kyrgyz Republic and generally accepted norms of international law, which are an integral part of the legal system of the Kyrgyz Republic.

When considering the issue of arrest of minor children, the court did not take into account the following national and international norms of law:

The Constitution of the KR provides that generally recognised principles and norms of international law, as well as international treaties that have entered into force in accordance with the legislation of the KR, are an integral part of the legal system of the KR.

The UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), adopted by UNGA Resolution of 29 November 1985, reflect one of the guiding principles: a juvenile should not be imprisoned unless there are no other appropriate measures available.

However, the Beijing Rules provide that the trial should be in the best interests of the juvenile and be conducted in an atmosphere of understanding that allows the juvenile to participate and express his or her views freely.