CAT/OP/KAZ/1/Add.1 288. Under article 127 (2) of the Code on Public Health and the Health-Care System, the use of physical restraint or isolation in the case of a person who has been forcibly hospitalized and is held in a psychiatric inpatient facility is permissible only in such cases and for such periods as are considered necessary if a psychiatrist is of the opinion that actions on the part of the hospitalized patient that present a danger to himself or herself or to other persons cannot be prevented by other means. The use of such methods is subject to ongoing monitoring by medical staff. The forms of physical restraint or isolation used and the length of their use are logged in a medical register, and the person’s legal representative is notified of their use. 289. The mechanical restraints used are soft restraints. 290. We consider it inappropriate to separate the forms for requesting consent for hospitalization and for requesting consent for treatment, as the conditions of detention and treatment are explained to a person as part of the hospitalization process. Treatment is administered in accordance with the diagnosis and treatment protocols are approved by the Ministry of Health. 291. With regard to the creation of an independent commission to examine complaints, we note that a service has been set up in each organization under the authority of the main director to support patients and conduct internal audits. Since 2012, the national centre for mental-health research under the Ministry of Health has had a public mental-health council, whose members include officials from psychiatric and educational organizations and NGO representatives (public unions, foundations, associations, the media, legal organizations and so forth). 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. 32 GE.18-05420