ORDER OF THE MINISTRY OF JUSTICE OF THE KYRGYZ REPUBLIC

of February 16, 2009 No. 43

About approval of the Instruction about procedure and conditions of serving sentence in colonies settlements the Head Department of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic

For the purpose of realization of separate provisions of the Penitentiary code of the Kyrgyz Republic, and also streamlining of activities of colony settlement of criminal executive system,

I ORDER:

1. Approve the Instruction "About procedure and conditions of serving sentence in colonies settlements the Head Department of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic" (appendix No. 1).

2. To the chief Head Department of the Penitentiary to the premium colonel Nasbekov K. N.:

- carry out the procedure of state registration and official publication of this order;

- organize studying of the Instruction by staff the Head Department of the Penitentiary of the Ministry of Justice;

- in a month to make the offer on medical attendance of the convicts serving sentence in colonies settlements;

- provide colonies settlements in necessary quantity with food, bedding, on the regulations approved by the orders of the Government of Kyrgyz RespublikiNo. 42 of February 8, 2008 "About approval of regulations of daily allowance, regulations of replacement, Rules of application and replacement of regulations of daily allowance of convicts to imprisonment and also persons containing in pre-trial detention centers of criminal executive system of the Ministry of Justice of the Kyrgyz Republic" and No. 113 of March 28, 2008 "About approval of regulations of material and household providing the convicts and persons taken into custody in organizations of the Main Directorate of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic";

- in a month to develop the Instruction about procedure and conditions of representation to parole, replacements of unexpired part of punishment with softer type of punishment, delay of execution of punishments, and also changes of type of correctional facility and to submit for consideration of management of the Ministry of Justice;

- provide control of execution of the Instruction approved by this order.

3. Inform chiefs of colonies settlements that from the salary or other income of the convicts arriving on their personal accounts deduction is monthly made for expense recovery for their food, providing with clothes and household services, production of omissions and identity certificates, their visits on place of employment and residence, and at living in premises at the employer - on content of staff, entered at the expense of the article "Production" within the actual costs made in this month.

4. To Head Department of the Penitentiary training center of the Ministry of Justice - to make the Instruction "About procedure and conditions of serving sentence in colonies settlements the Head Department of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic" by typographical method in number of 200 pieces at the expense of the means provided by the project within the Agreement "About cooperation between OSCE and the Ministry of Justice of the Kyrgyz Republic on training and advanced training of employees of penal correction system based on Head Department of the Penitentiary Training center of the Ministry of Justice of the Kyrgyz Republic" for No. 5300240 of March 26, 2008.

5. Declare invalid the order of the Ministry of Justice of the Kyrgyz Republic No. 197 of 30.10.2008.

6. Bring this order to all staff.

7. Determine that this order becomes effective after state registration and the subsequent official publication.

8. To impose control of execution of this order on the deputy minister of justice of the major general Zubov S. I.

Approved by the order of the Ministry of Justice of the Kyrgyz Republic of February 16, 2009 No. 43

The instruction about procedure and conditions of serving sentence in colonies settlements the Head Department of the Penitentiary of the Ministry of Justice of the Kyrgyz Republic

Colonies settlements are one of types of the correctional facilities which are part of criminal executive system with the purposes, tasks and functions inherent in this system. The management personnel of colony settlement is based on the principle of regular corrective labor colonies, both in functional, and in the organizational and structural relation. However colonies settlements have the specifics which are shown in realization of methods and forms of corrective impact on convicts. Free movement of convicts within the territory of colony settlement, lack of restrictions and regulations of acquisition of different goods create the atmosphere of serving sentence other, than in corrective labor colonies. Specifics of the organization of educational work among convicts are shown that the administration of colony settlement has considerably great opportunities for involvement of relatives and other persons, to fixing of the achieved results of corrective impact. Convicts in colonies settlements come down in groups headed by the chief of group. The system of measures of encouragement and punishment installed by the legislation is applied, up to settlement to the penal isolation center; the established daily routine is effective; there is system of carrying out examinations, searches, etc.

In colonies settlements convicts do not need protection and strict isolation, the punishment goals concerning them can be achieved in the conditions of supervision. Colonies settlements contain:

1) for the first time condemned for the crimes committed on imprudence and at which the term of punishment does not exceed seven years, this category of convicts goes directly by a court decision;

2) positively characterized convicts translated from corrective labor colonies of general, the strengthened, strict and special modes.

For the second category of the convicts who are subject to transfer in colony settlement (further - the KP) needs availability of two conditions:

- moral - the positive characteristic of the convict in corrective labor colony and the relation to work, during serving sentence in corrective labor colony in the presence of the bases that this person cannot be exempted conditional ahead of schedule;

- formal - the actual departure by the convict stipulated in Clause 50 Penitentiary codes (further WICK) the Kyrgyz Republic of term of punishment.

According to the p. 3 of article 50 WICK of the KR convicts are not subject to the direction in KP:

- having alcoholism, the drug addicts who did not complete course of the obligatory treatment appointed by court (1) (watch Section 7 of this Instruction);

(1) the Convicts having alcoholism and the drug addicts who are receiving medical treatment in the Rehabilitation centers "Atlantis" can be provided on transfer to KP provided that they on arrival in KP will continue treatment in the Rehabilitation centers "Atlantis" or in the similar centers outside organizations the Head Department of the Penitentiary, the narcological centers of civil health care.

- requiring special treatment in medical institutions of the closed type;

- disabled people of I, II groups and person of retirement age.

Main objective of transfer of convicts from corrective labor colonies (further IK) and the pre-trial detention center (further the pre-trial detention center) in KP is ensuring gradual transition to conditions of complete freedom and by that simplification of adaptation of the convict if as court on representation to administration of IK or the pre-trial detention center it is recognized that for the correction the convict needs further serving of the penalty imposed by court in correctional facility.

The main criteria for administration of IK and the pre-trial detention center by consideration of question of representation of the convict on transfer in KP:

a) The reference characteristic on the convict of administration in which are reflected:

- behavior of the convict during serving sentence;

- availability of encouragement and lack of penalties;

- observance of established procedure of serving sentence;

- accomplishment by the convict of stipulated by the legislation obligations of the Kyrgyz Republic;

- participation in work of the amateur organizations;

- rendering assistance of colony to administration;

- relation to property;

- polite attitude towards personnel.

b) The certificate characteristic of the relation to work in term of imprisonment in which are specified:

- accomplishment of performance standards;

- lack of violations of labor discipline;

- scrap non-admission.

Considering that now in IK not all convicts are provided employment, it should be noted the following faktorystremleny to work, the relation of the convict to work without compensation, the aspiration to receive profession in IK technical training College (daleeprofessionalno-technical school of corrective labor colony).

c) Support by the convict of family relations and bonds with other persons, the public and religious organizations which, according to administration, do not influence negatively the convict.

Convicts in case of transfer from organizations of the closed type, as a rule, go to KP for further serving sentence at the place of residence. In exceptional cases for development and self-produced building-up of KP or criminal executive system, liquidation of natural disasters, accomplishment and implementation of National and State programs on the instructions of the Government of the Kyrgyz Republic, the minister or the deputy minister of justice of the Kyrgyz Republic convicts can be sent to other KP (not at the place of residence).

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