CAT/OP/KAZ/1/Add.1
55.
In 2015, members of the national preventive mechanism carried out 528 preventive
visits, of which 20 were special visits. The monitoring visits included: 151 to temporary
detention units, 8 to pretrial detention facilities, 103 to correctional institutions, 5 to remand
houses, 26 to special holding facilities, 9 to rehabilitation centres for young persons, 33 to
psychiatric clinics, 31 to drug addiction clinics, 62 to tuberculosis clinics, 5 to special
educational institutions, 6 to Security Committee pretrial detention facilities, 9 to military
police detention units, 18 to police stations and 12 to district internal affairs offices.
56.
During 2016, members of the national preventive mechanism conducted 680
preventive visits, of which 15 were special visits. The monitoring visits included: 156 visits
to temporary detention centres, 2 to pretrial detention facilities, 103 to correctional
institutions, 24 to remand houses, 31 to special holding facilities, 23 to rehabilitation
centres for young persons, 10 to special educational institutions, 39 to psychiatric clinics,
39 to drug addiction clinics, 89 to tuberculosis clinics, 5 to Security Committee pretrial
detention facilities, 9 to military police detention units and 120 to police stations (including
60 to internal affairs premises).
57.
There is ongoing consideration of whether the mandate of the national preventive
mechanism should be expanded. Corrections will make it possible to expand the range of
institutions that fall under the national preventive mechanism mandate, to include, for
instance, residential units for orphans and children without parental care in the health-care
system, medical and social institutions for children with disabilities, remedial boarding
schools for children with special needs and other social service organizations offering 24hour residential care.
Paragraph 25
The Subcommittee notes with concern that the legislation related to the national
preventive mechanism provides that persons suspected of a crime cannot be members
of the mechanism. This not only stands at odds with the presumption of innocence but
may lead to abuse. Persons registered in psychiatric and/or drug-treatment
institutions do not have the right to be members of the mechanism. The Subcommittee
finds this overly restrictive and even potentially contradictory to article 5 of the
Convention on the Rights of Persons with Disabilities.
58.
The legislation contains eligibility requirements for membership of the national
preventive mechanism in respect of suspects, accused persons and persons declared by a
court as having limited or no legal capacity.
59.
However, from when the mechanism was set up, there have been persons with
disabilities among its participants, which shows that there are no restrictions on such
persons taking part in its activities.
60.
In practice, when considering candidatures for membership of the national
preventive mechanism, the members of the Coordinating Council are guided by the
principle of the presumption of innocence, and no confirmation is required concerning
participation in criminal proceedings.
61.
Furthermore, where it has transpired that future members of the national preventive
mechanism are participants in legal proceedings or pretrial investigations, the members of
the Coordinating Council have considered each case individually when discussing them in
their meetings and withdrawn the mandate of such participants until the court judgment was
pronounced.
62.
Persons registered in psychiatric and/or drug addiction facilities are not referred to
as having disabilities, since they are ill or suffering from certain (mental) diseases or
addictions that could in practice have an effect on activities within the mandate of the
national preventive mechanism.
63.
These restrictions result from the fact that national preventive mechanism members
must remain impartial in carrying out their duties and objectively assess the situation in
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