A/HRC/45/13/Add.2 repetition, as provided for in article 19 of the Declaration on the Protection of All Persons from Enforced Disappearance. The information received indicates that no specific civil law provisions are available to victims of enforced disappearance to claim these rights. 22. As regards safeguards during arrest and detention, the legislation of Kyrgyzstan includes important provisions on notification and registration after apprehension and following transfers and these guarantees have been strengthened by the reform of the Code of Criminal Procedure in 2019. Indeed, article 24 of the Constitution and article 12 of the Code of Criminal Procedure stipulate that a person cannot be detained in a temporary detention facility for more than 48 hours without a judicial decision. In the case of minors, article 12 of the Code provides for a reduced period of detention of up to 24 hours, which is a welcome change. It also mandates that a court, prosecutor, investigator and inquiry body must immediately release any person illegally detained or deprived of liberty or illegally placed in a medical or psychiatric hospital or held in custody for a period exceeding that provided for by the Code. 23. The Working Group welcomes the fact that, in accordance with article 104 of the Code of Criminal Procedure as revised in 2019, the investigative authorities are obliged to immediately notify a close relative and a defence counsel of the arrest of a suspect. In addition, article 45 of the same Code provides for the right of arrested suspects to place one effective telephone call at no cost to themselves. It appears, however, that in practice the obligation to notify and the right to make a call are set in motion only once the suspect has appeared before an investigative authority. 24. Moreover, the notification should be recorded in the detention report and in the decision to temporarily detain, which should be taken immediately upon the transfer of the apprehended person to an investigator. If the apprehended suspect is a citizen of another State, the embassy or consulate of that State must be notified. In the absence of an embassy or consulate of the State of which the apprehended suspect is a citizen, the notification is sent to the authorized State body. In case of underage apprehended suspects, the authorized State authority for the protection of children should be notified. Article 187 of the new Criminal Code provides for criminal liability for illegal arrests, temporary detentions and failures to notify the relatives of an arrested or detained individual about his or her arrest and detention. According to article 12 (3) of the Code of Criminal Procedure, evidence obtained through torture and inhuman or degrading treatment cannot be used in court proceedings. 25. While the strengthening of the guarantees is a welcome development, the Working Group is concerned about the extent to which they are implemented. The Working Group received reliable information about the entrenched practice of delayed transfers of apprehended suspects, which unjustifiably take hours and sometimes days, from the place of actual apprehension to the offices of the investigative authorities. Reportedly, in some cases, the recordings of the actual times of apprehension of suspects are then falsified. It is during this time, according to the Working Group’s sources, that most cases of abuse, some of which may amount to torture, take place.5 The Working Group welcomes the indications from the Government that it is taking steps to fully comply with these guarantees. In this regard, the Working Group hopes that the recommendations contained in section VII of the present report can be promptly implemented. 26. Furthermore, the Working Group was made aware of allegations that inculpatory evidence likely obtained under duress had been considered and accepted during trials. The seriousness of this situation is compounded by the limited number of investigations that are carried out: according to government statistics, 1,230 complaints of torture were submitted between 2015 and 2018 but criminal cases were initiated in only 162 of them. 6 27. The Working Group was informed by several interlocutors that delayed registration was seen as entirely normal by detainees and that even some judges were not aware that it constituted a violation. Some delays in registration reportedly involve foreign citizens, 5 6 6 The reports of the National Centre for the Prevention of Torture also reflect these issues. According to information contained in a 2017 report, only 34 per cent of respondents were placed in temporary detention facilities within three hours of their actual detention; in 12 per cent of cases, this took more than two days. A/HRC/WG.6/35/KGZ/1, para. 185.