The Role of International Human Rights Standards for Ensuring Rights of People Deprived Their Liberty

Abstract

This thesis examines the role of international standards in ensuring rights of people deprived their liberty. This topic is important and attracts the attention of many people in Kyrgyzstan. Rule of law and human rights in criminal proceeding relate to social, legal, political, psychological and medical issues. The consequences of violation of the rights of people deprived of their liberty affect their life. Victims may lose their health or even become disabled. Law enforcement organs, which must serve to protect people, should prevent violations and create conditions for the safety of people under investigation or imprisonment.

In international law, attitude to those deprived of liberty are considered from the perspective of international humanitarian law and international human rights law. International humanitarian law applies during armed conflicts, while international human rights law is concerned exclusively with states. This thesis examines, from the perspective of international human rights law.

In different political regimes, rule of law in criminal proceedings is ensured at different levels and has different effects. In non-democratic regimes cases of violation may remain unknown or hidden, and victims cannot report because they fear for their safety. Through acceding to international organizations and treaties, states undertake obligations to comply with international standards in the field of human rights. However, how these international standards and norms effect legislation and practice remains not enough explored. This thesis examines how international human rights standards influence and contribute for ensuring rights of persons deprived of liberty in Kyrgyzstan.