CAT/OP/KAZ/1/Add.1
71.
On 16 and 17 May 2017, during the first National Preventive Mechanism Forum, the
participants did not express any objections to such provisions concerning decisions by the
Ombudsman; indeed, some members of the mechanism said that they were a positive factor.
72.
On the basis of the reports by national preventive mechanism members on the
outcome of preventive visits, the Human Rights Commissioner is entitled, in accordance
with the procedure established by law, to contact the relevant government agencies or
officials to request the instigation of disciplinary or administrative proceedings or a pretrial
investigation in respect of any official who has infringed human and civil rights and
freedoms.
Paragraph 30
The Subcommittee is concerned that, in the various places visited, many prisoners
were unaware of the existence of the national preventive mechanism and had never
met a member of the mechanism.
73.
There are cases of individuals held in mandated institutions and even of individual
staff members of those institutions not being aware of international human rights
instruments or the work of the national preventive mechanism.
74.
However, such issues are discussed at meetings of the Coordinating Council and in
other forums. At the National Preventive Mechanism Forum on 16 and 17 May 2017, it was
recommended that, to raise public awareness of the work of the mechanism and the regional
teams, their activities should be widely publicized, including during preventive visits and
through interaction with the media.
75.
Each year, the Coordinating Council under the Human Rights Commissioner
prepares the consolidated report of the national preventive mechanism members of the
preventive visits conducted, which provides an analysis of the current year’s activities and
key issues related to the prevention of torture, with examples of cases of violations of
citizens’ rights to freedom from torture and other cruel, inhuman or degrading treatment or
punishment.
76.
The report is made public during an open presentation and dialogue between civil
society and government agencies. The annual consolidated reports on the outcome of the
mechanism’s activities over three years was presented in an international forum and
coordinated with the tenth anniversary of the entry into force.
77.
of the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Paragraph 31
The Subcommittee recommends that the State party raise awareness of the Optional
Protocol and the mandate of the national preventive mechanism in order to increase
the mechanism’s visibility. Recommendations issued by the mechanism should be
widely discussed. Moreover, the mechanism should engage in legislative processes and
advocacy, as encouraged under article 19 of the Optional Protocol.
78.
In accordance with the law, after each preventive visit, the members of the national
preventive mechanism send recommendations to the administration of the facility
concerned and, in the case of special visits, to the procuratorial authorities.
79.
In line with the plan of action for the implementation of the recommendations made
during the universal periodic review and by the Human Rights Committee, the annual
consolidated reports on the outcome of the activities of the national preventive mechanism
in Kazakhstan are presented to the public at a conference, which offers the possibility of a
constructive dialogue between government agencies and civil society (three reports, for
2014, 2015 and 2016, have been presented).
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GE.19-01981