Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Kyrgyzstan

Kyrgyzstan - Constitution 2010 EN

SECTION II
HUMAN RIGHTS AND FREEDOMS

Chapter II
Human rights and freedoms

Article 24

3. No one may be arrested, kept in custody or be deprived of freedom except by court decision and solely on the basis of and in accordance with the procedures established by the law.

4. No one may be detained in custody for more than 48 hours without the court ruling.

Anyone detained person should be promptly or in any case until expiration of 48 hours since the moment of detention should be delivered to court in order to decide the issue on the legality of his/her detention.

In certain cases the lay may provide for shorter terms of detention.

Any detained person has the right to review the legality of detention in accordance with the rules and periodicity established by law. In the event that the grounds for detention ceases to be valid, such person should be immediately released.

Kyrgyzstan - Criminal Procedure Code 1999 (2008) EN

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE

Article 6. Legality During Criminal Proceedings

(2) No one can be put on trial as suspect or accused, arrested, imprisoned, committed, searched, brought to court, or imposed to any other measures of procedural compulsion, or be condemned, punished or in any way limited in his rights other than in the way and order provided by law.

GENERAL PART

SECTION I. GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE

Article 11. Inviolability of the Person

(2) A court, prosecutor, investigator shall immediately release a person illegally detained or arrested, illegally put in a medical institution, or a person who was under arrest for a period exceeding the limitation provided for by law or by the court decision.

PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS

CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT

Article 39. Suspect

(2) Criminal prosecution shall not detain a person as a suspect for more than 48 hours. By the time limit for his detention, the agency for criminal prosecution shall either release the suspect or make the resolution on the institution of criminal proceedings against him [charge him with a crime] and decide on the sanction.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.