CAT/OP/KAZ/1/Add.1
enforcement of sentences that are subject to preventive visits and preventing torture
and other cruel, inhuman or degrading treatment or punishment
• Proposals for improving national legislation
43.
In accordance with article 49 of the Penalties Enforcement Code, government
agencies and officials assist members of the national preventive mechanism in their
legitimate activities.
44.
No government body 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.
45.
Officials who obstruct the legitimate activities of national preventive mechanism
members are held liable by law.
46.
Within three months of the date on which they receive the national preventive
mechanism annual consolidated report 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.
47.
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 instigation of disciplinary or administrative proceedings
or a pretrial investigation in respect of any official who has infringed human and civil rights
and freedoms.
48.
Similar regulations are provided for in the Code on Public Health and the HealthCare System, the Children’s Rights Act, the Act on the Prevention of Juvenile Delinquency,
Child Neglect and Homelessness and the Act on the Mandatory Treatment of Persons
Suffering from Alcoholism or Drug or Substance Addiction.
49.
Furthermore, pursuant to the Code of Administrative Offences, it is an offence to
obstruct the activities of the members of the national preventive mechanism.
50.
In addition, in accordance with the inter-agency action plan for the implementation
of the recommendations made during the universal periodic review and by the Human
Rights Committee, proposals on further improvements to the country’s legislation to
strengthen the national preventive mechanism will be put before the next meeting of the
Government Inter-agency Commission on draft legislation this year.
51.
The current legislative framework for the national preventive mechanism offers a
number of significant advantages. The mechanism’s mandate is enshrined in a number of
codes (Code of Criminal Procedure, Penalties Enforcement Code, Code of Administrative
Offences, Code on Public Health and the Health-Care System) and the Acts on the
Procedure and Conditions for the Custody of Persons in Special Temporary Detention
Facilities, on the Prevention of Juvenile Delinquency, on Mandatory Treatment of Persons
suffering from Alcoholism or Drug Addiction and on Children’s Rights.
52.
This raises the awareness of the competent authorities and institutions under their
control of the activities of the national preventive mechanism and allows for a broad
interpretation of its mandate.
53.
The current mandate of the national preventive mechanism includes a fairly broad
range of establishments in the prison system, the internal affairs agencies, health-care
facilities, the education system, military institutions and under the National Security
Committee.
54.
Between April and December 2014, members of the national preventive mechanism
conducted 277 preventive visits, of which 14 were special visits. The monitoring visits
included: 73 to temporary detention units, 72 to pretrial detention facilities and correctional
institutions, 11 to remand houses, 17 to special holding facilities, 18 to rehabilitation
centres for young persons, 25 to psychiatric clinics, 25 to drug addiction clinics, 21 to
tuberculosis clinics, 9 to special educational institutions, 2 to Security Committee pretrial
detention facilities and 4 to military police detention units.
GE.19-01981
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