CAT/OP/KAZ/1/Add.1 80. In November 2016, to support the national preventive mechanism in improving legislation, proposals were put to the Majilis on the further modernization of the Criminal Code, the Code of Criminal Procedure and the Penalties Enforcement Code; they had been drawn up with the participation of the Coordinating Council and members of the national preventive mechanism on the basis of an analysis of preventive visits conducted. 81. The Human Rights Commissioner and one member of the Coordinating Council sit on the Legal Policy Council, which discusses legislative initiatives from government agencies. 82. The members of the Coordinating Council of the national preventive mechanism participate in working groups under the Parliament and government agencies that discuss bills that have been drawn up; they also sit on the public councils attached to central and government agencies. 83. To raise public awareness of the work of the national preventive mechanism, it is present on social media and information on its activities is posted on the official website of the Human Rights Commissioner. Paragraph 32 The Subcommittee also recommends that the State party and the national preventive mechanism enter into a continuous dialogue, with a view to implementing the mechanism’s recommendations to improve the treatment and conditions of persons deprived of their liberty and to prevent torture and other ill-treatment or punishment. 84. Article 49 of the Penalties Enforcement Code regulates the engagement of public authorities with the members of the national preventive mechanism: (1) Government agencies and their officials assist members of the national preventive mechanism in their legitimate activities. No government agency or official may restrict the rights, freedoms and legitimate interests of citizens to inform members of the national preventive mechanism about cases of torture and other cruel, inhuman or degrading treatment or punishment. Officials who obstruct the legitimate activities of members of the national preventive mechanism are held liable by law. (2) Within three months of the date on which they receive the annual consolidated report of the national preventive mechanism members in written form, the government agencies responsible inform the Human Rights Commissioner of the measures they have taken as a result of the reports received. (3) On the basis of the reports by the members of the national preventive mechanism 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 opening of disciplinary or administrative proceedings or a pretrial investigation in respect of any official who has infringed human and civil rights and freedoms. 85. Representatives of government agencies are regularly invited to attend the meetings of the Coordinating Council to discuss the current work of the national preventive mechanism. The agenda of the meetings includes the outcome of individual special visits carried out by the mechanism’s regional teams, complaints from government agencies concerning the activities of the preventive mechanism, proposals for improving the situation in prisons and health-care facilities and the drafting of recommendations aimed at improving the mechanism’s activities. 86. The Coordinating Council prepares the annual consolidated report of the members of the national preventive mechanism, taking account of their records of preventive visits. The annual consolidated report gives 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. GE.19-01981 11

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