A/HRC/25/60/Add.2
undertake a prompt and impartial investigation wherever there are reasonable grounds to
believe that torture has been committed, and article 7 of the CAT, which requires State
parties to prosecute suspected perpetrators of torture. In this context, paragraph 7b of the
Human Rights Council Resolution 16/23 urges States “To take persistent, determined and
effective measures to have all allegations of torture or other cruel, inhuman or degrading
treatment or punishment promptly and impartially examined by the competent national
authority, to hold those who encourage, order, tolerate or perpetrate acts of torture
responsible, to have them brought to justice and severely punished, including the officials
in charge of the place of detention where the prohibited act is found to have been
committed, and to take note in this respect of the Principles on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) as a useful tool in efforts to combat torture”. The
Special Rapporteur also encourages the Government of Kazakhstan to continue its
engagement with the mandate.
(c)
JUA 17/07/2013 Case No. KAZ 3/2013 State reply: 06/08/2013 and 31/07/2013
Deportation by the Italian authorities to Kazakhstan and alleged risks of torture
and/or other forms of ill treatment (refer to related Case No. ITA 1/2013).
89.
The Special Rapporteur thanks the Government of Kazakhstan for its reply, dated 6
August 2013, regarding the deportation of Ms. Alma Shalabayeva and her 6-year old
daughter on 31 May 2013 to Kazakhstan, in contravention with the principle of nonrefoulement and due process guarantees. The communication made reference to the charges
under which the individuals were deported, which are allegedly imposed as reprisals against
Ms. Shalabayeva for the actions of her husband, Mr. Mukhtar Ablyazov, a political
opponent of Kazakhstan’s President. It was reported that Mr. Ablyazov was granted asylum
in the United Kingdom in 2011 on the grounds that he was deemed to be at risk of
persecution in Kazakhstan. In this context, the return of the aforementioned individuals to
Kazakhstan also placed them at risk of being subjected to torture or other forms of ill
treatment. The communication also refered to the official invitation to Ms. Shalabayeva and
her daughter to return to Italy, issued by the Italian Government on 12 July 2013, in light of
the cancelled deportation order. In its reply, the Government states that Ms. Shalabayeva
and her child were protected by the State in accordance to the Article 17 of the
Constitution, which condemns all forms of torture. While the Special Rapporteur
acknowledges that the Kazakh Constitution reflects the State’s adherence to the Convention
against Torture (CAT), he finds that the Government did not provide sufficient information
about the measures taken to ensure the physical and mental integrity of the aforementioned
individuals. The Special Rapporteur welcomes the Government actions to enable the return
of Ms. Shalabayeva and her child to Italy on 27 December 2013.
(d)
UA 22/08/2013 Case No. KAZ 4/2013 State reply: None to date Alleged psychiatric
detention, forced psychiatric confinement, and ill-treatment of two human rights
defenders.
90.
The Special Rapporteur regrets that the Government of the Republic of Kazakhstan
has not responded to this communication, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the alleged detention
and forced psychiatric confinement of two human rights defenders, Ms. Zinaida
Moukhortova, a human rights lawyer, and Mr. Aleksandr Kharlamov, an investigative
journalist and member of the of the human rights organization “Secret Service.” Serious
concern was expressed at the possibility that Ms. Moukhortova’s current forced psychiatric
confinement and Mr. Kharlamov’s continued detention was related to their work in defence
of human rights. In the case of Ms. Moukhortova, it is reported that in the year 2010, she
was arrested and criminally charged with the “deliberate filing of a false complaint” after
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