Inspectors, Medics, Educators. Who Can Be Held Accountable for Torture Under the New Bill?

Евгения Комарова Local news
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On January 15, the Jogorku Kenesh reviewed a bill that could significantly expand the list of individuals subject to criminal liability for torture. This document aims to align the Criminal Code of the Kyrgyz Republic with the UN Convention Against Torture.

The bill proposes to introduce liability not only for officials but also for other employees who have authority over vulnerable groups. This may include staff from educational, medical, and social institutions who misuse their powers to inflict physical or psychological suffering for the purpose of obtaining confessions or intimidation.

Gulya Kozhokulova, a member of parliament, pointed out shortcomings in the wording of the bill. She emphasized that the text is unclear regarding the definition of the category of individuals who fall under the new law.

In her opinion, the phrase "in an official capacity" raises questions. "It is unclear what exactly is meant by this phrase. You also mention that such individuals include those who have supervisory authority, but that already includes officials. If we want to protect people from torture, it is necessary to clearly specify who exactly becomes the subject of this norm," Kozhokulova noted.

Nurlan Elgondiev, a representative of the GKNB, explained that the phrase "individuals acting in an official capacity" is borrowed from the UN Convention, which is why it is used in the bill. This wording excludes the possibility of listing specific positions, which is a standard of legal technique.

Gulsharkan Kultaeva asked who exactly falls under the category of "acting in an official capacity." Elgondiev replied that this could include inspectors, employees of supervisory bodies, educators, and medical personnel.

The bill was adopted in the second reading after discussion.
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