CAT/OP/KAZ/1/Add.1
292. In addition, a recommendation was made to directors of regional drug rehabilitation
centres on setting up public councils with NGO representatives among their members.
293. These organizations have local electronic information systems, and there are plans to
develop registers for recording the use of restrictive measures in that context.
Paragraph 138
In practice, detainees at the centres reported that there were no avenues for them to
reverse decisions identifying them as substance abusers. The Subcommittee
recommends that an effective appeals procedure that complies with international law
be put in place.
294. Pursuant to article 10 (8) and (9) of the Penalties Enforcement Code, the
fundamental rights of convicted prisoners include health and access to qualified medical
care in accordance with national legislation on health-care and psychiatric services. This
medical care should be administered by officials from the institution’s psychological
service or other persons who have the right to provide such care.
295. Persons sentenced to a short term of rigorous imprisonment, deprivation of liberty or
the death penalty have the right to submit applications regarding the protection of their
rights to the higher administrative bodies of the relevant institutions or bodies responsible
for the enforcement of sentences, the court, procuratorial authorities, other State authorities,
voluntary organizations and international organizations that protect human rights and
freedoms. Such applications are submitted through the administration of the institution or
body responsible for the enforcement of sentences.
296. Under article 26 (2) and (3) of the Penalties Enforcement Code, an institution can
obtain a court order to take coercive measures of a medical nature against a convicted
prisoner declared to be in need of treatment for alcoholism or drug or substance addiction.
If a convicted prisoner is declared to be suffering from one of the illnesses specified in
article 26 (1), the administration applies to the court for authorization to use coercive
measures of a medical nature.
297. Under article 132 of the Code on Public Health and the Health-Care System, the
procedure for declaring a person to be suffering from alcoholism or drug or substance
addiction is conducted by State health-care organizations following the appropriate medical
examination in accordance with the procedure set out by the designated body.
298. Persons declared to be suffering from alcohol or drug or substance addiction can
appeal such decisions to the higher administrative body responsible for health care and/or to
the court.
299. Persons suffering from alcoholism or drug or substance abuse have the right to
refuse medical and social rehabilitation at any stage. Persons who have refused medical and
social rehabilitation, or their legal representatives, must be given an explanation of the
possible consequences of such a refusal. Such persons, or their legal representatives, and a
psychiatrist or addiction specialist must sign medical documentation certifying that medical
and social rehabilitation has been refused and that the possible consequences of that refusal
have been explained.
300.
34
We consider it inappropriate to develop additional complaints procedures.
GE.19-01981
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents