Ombudsman Institutution calls on judicial authorities to address issues with malfunctions in the AVF system in courts

04/09/2023 - 11:16

The Ombudsman Institutution is drawing the attention of judicial authorities to the need for prompt resolution of issues related to malfunctions in the AVF system in courts. The Institutution urges authorities to ensure uninterrupted operation of audio and/or video recording systems.

The Institutution's department responsible for working with judicial authorities regularly monitors court proceedings.

During the monitoring of court hearings, problems were identified in providing audio and/or video recording for court sessions.

Samat Kalchabaev, the head of the department at the Ombudsman Institutution responsible for working with judicial authorities and monitoring court proceedings, noted that court proceedings are being postponed due to malfunctions in the audio and video recording system.

"Such a situation causes dissatisfaction among the participants of the process. According to Article 283 of the Criminal Procedure Code of the Kyrgyz Republic, the timeframes for the consideration of criminal cases of minor, less serious, serious, and particularly serious crimes are clearly regulated.

For example, on August 11, 2023, a court hearing scheduled for a criminal case in the Sverdlovsk District Court of Bishkek did not take place because the AVF system was not functioning.

Technical malfunctions were not timely resolved, which caused dissatisfaction among the participants of the process," he said.

Kalchabaev added that the untimely technical maintenance of the AVF system hinders the consideration of criminal cases within the legally established timeframes.

"During conversations with court employees, it was revealed that the repair of the AVF system takes at least 10 days or more," noted the head of the department at the Ombudsman Institutution.

The Ombudsman Institutution reminds judicial authorities that the International Covenant on Civil and Political Rights guarantees the right of individuals to "be tried without undue delay" (Article 14(3)(c) of the ICCPR).

The Ombudsman Institutution of the Kyrgyz Republic draws the attention of competent judicial authorities to the need for prompt response to and resolution of malfunctions, as well as ensuring uninterrupted operation of the AVF system.