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
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