CAT/OP/KAZ/1/Add.1
criminal proceedings, the penal correction system, the health-care system, the system for
the integration and education of minors and the temporary detention system.
6.
In addition, amendments were made to the Code of Administrative Offences making
it an offence to obstruct the lawful activities of the preventive mechanism.
7.
Pursuant to the National Preventive Mechanism Act, places of detention are visited
by members of civil society organizations that work to protect citizens’ rights and
legitimate interests, legal professionals, social workers and doctors, as well as by public
monitoring commissions.
8.
Furthermore, the lower house of Parliament, the Majilis, is currently considering a
bill drafted by deputies that will amend the legislation governing the activities of children’s
rights organizations.
9.
Under the bill, the mandate of the national preventive mechanism will be expanded
by increasing the number of institutions and organizations subject to preventive visits. This
concerns more than 200 institutions, including children’s homes, medical institutions for
children with disabilities, correctional boarding schools, orphanages and others.
10.
The Ministry of Justice has also drawn up an inter-agency plan of action on
implementation of the recommendations made by United Nations Member States during the
universal periodic review and those of the Human Rights Committee on the second periodic
report of Kazakhstan under the International Covenant on Civil and Political Rights for the
period 2017–2019.
11.
The plan includes discussion of the possible adoption of the National Preventive
Mechanism Act at a meeting of the Dialogue Platform on the Human Dimension, a
consultative and advisory body.
Paragraph 18
The Subcommittee further recommends that the mandate of the Human Rights
Commissioner be separated from that of the national preventive mechanism so that
mechanism functions can be performed autonomously, in line with the guidelines of
the Subcommittee.
12.
The national preventive mechanism is established on the basis of the “Ombudsman
plus” model, which was adopted in Kazakhstan on the recommendation of and in
discussion with international organizations and experts, including the Subcommittee on
Prevention of Torture, as well as leading Kazakh human rights organizations.
13.
Practice has shown that the model chosen in our country to enable representatives of
civil society, coordinated by the Human Rights Commissioner, to monitor all closed
institutions makes it possible to effectively prevent cases of human rights violations.
14.
Legislation provides for the Ombudsman to coordinate the activities of the parties
involved in the national preventive mechanism and take measures to ensure that its
participants have the necessary capacities and skills.
15.
Act No. 51-IV of 10 March 2017 amending the Constitution anchored the status of
the Human Rights Commissioner in the country’s Basic Law. This innovation, which was
aimed at bringing the institution of the Ombudsman into line with the Paris Principles,
attests to the growing importance of the national human rights institution, the country’s
commitment to democratic transformation and its recognition of human and civil rights and
freedoms as priorities.
16.
Consolidating the status of the Ombudsman in the Constitution helps to substantially
strengthen the national system for the protection of human and civil rights and freedoms, as
well as the role of the Ombudsman, in the country’s political and legal structure. The Act of
10 March 2017 amending the Constitution introduced changes to article 55 (1-1), giving the
Senate exclusive responsibility for appointing, for a five-year term, on the proposal of the
President, and dismissing the Ombudsman. Parliament is an independent authority.
GE.19-01981
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