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

During the meeting of the Jogorku Kenesh on January 15, a draft law was considered that could change the approach to criminal liability for torture. According to the new document, responsibility will be imposed not only on officials but also on other participants performing official functions, such as employees of educational, medical, and social institutions who have authority over vulnerable groups of the population.

This draft law aims to align the Criminal Code of Kyrgyzstan with the UN Convention against Torture. It covers both physical and mental suffering inflicted for the purpose of obtaining confessions, intimidation, or punishment.

However, Deputy Gulya Kozhokulova expressed concern about the wording of the draft law, pointing out the need for its revision. She noted that the current formulations are unclear and legally incorrect.

Kozhokulova said: "The wording 'in an official capacity' raises questions. Who exactly falls under this category? The individuals you mentioned, who have authority, are already officials. We need to clearly define who is protected from torture."

Nurlan Elgondiev, a representative of the GKNB, explained that the phrase "persons acting in an official capacity" is borrowed from the UN Convention, which is the basis for its use in the draft law. He added that the note specifies the categories of persons to whom the article will apply, but it was impossible to list specific positions according to legal technique.

Gulsharkan Kultaeva requested examples of such persons. Elgondiev responded that these could be inspectors, supervisory staff, educators, and medical workers.

As a result of the discussions, the draft law was adopted in the second reading.