CAT/OP/KAZ/1/Add.1
36.
With regard to the institutional autonomy of the national preventive mechanism in
using the allocated budget, the regional teams independently draw up a list of institutions
for preventive visits; this shows that the State does not intervene and the members act with
autonomy.
Paragraph 24
The Subcommittee recommends that the national preventive mechanism be
empowered, through legislative means, to exercise core national preventive
mechanism functions, including the powers to regularly examine the treatment of
persons deprived of their liberty in all places of deprivation of liberty, as defined in
article 4 of the Optional Protocol, to issue recommendations to relevant authorities
and to submit proposals and observations on existing and draft legislation.
37.
Pursuant to article 42 of the Penalties Enforcement Code, members of the national
preventive mechanism have the following rights:
• To receive information on the number of convicted persons held in the institutions
and bodies responsible for the enforcement of sentences that are subject to
preventive visits, the number of such institutions and their location
• To have access to information on the treatment of prisoners held in the institutions
and bodies responsible for the enforcement of sentences that are subject to
preventive visits, as well as the conditions in which they are held
• To carry out preventive visits in teams in accordance with established procedure
• To conduct interviews with convicted persons held in the institutions and bodies
responsible for the enforcement of sentences that are subject to preventive visits
and/or their legal representatives, without witnesses, personally or through an
interpreter if necessary, and with any other person whom a national preventive
mechanism member believes can provide relevant information
• To freely choose and visit institutions and bodies responsible for the enforcement of
sentences that are subject to preventive visits
• To receive information and complaints concerning the use of torture or other cruel,
inhuman or degrading treatment or punishment
38.
Members of the national preventive mechanism are independent in the exercise of
their legitimate activities.
39.
Under article 45 of the Penalties Enforcement Code, preventive visits made by
members of the national preventive mechanism fall into the following groups:
• Periodic preventive visits carried out on a regular basis and at least once every four
years
• Mid-term preventive visits carried out in the period between periodic preventive
visits in order to monitor the implementation of recommendations arising from the
outcome of previous periodic preventive visits, and to prevent persecution by the
administration of the institution or body concerned of convicted prisoners with
whom members of the national preventive mechanism conducted interviews
• Special preventive visits carried out when allegations of torture and other cruel,
inhuman or degrading treatment or punishment are received
40.
The Coordinating Council determines the dates and the list of institutions subject to
preventive visits within the limits of the allocated budget.
41.
In line with article 47 of the Penalties Enforcement Code, the Coordinating Council
prepares the annual consolidated report of the members of the national preventive
mechanism, which takes account of their records of the preventive visits conducted.
42.
The report also includes:
• The recommendations made to the relevant government agencies on improving the
treatment of prisoners held in institutions and agencies responsible for the
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