CAT/OP/KAZ/1/Add.1
45.
Officials who obstruct the legitimate activities of national preventive mechanism
members are held liable by law.
46.
Within three months of the date on which they receive the national preventive
mechanism annual consolidated report in written form, the government agencies responsible
inform the Human Rights Commissioner of the measures they have taken as a result of the
reports received.
47.
On the basis of the reports by the members of the national preventive mechanism on
the outcome of preventive visits, the Human Rights Commissioner is entitled, in accordance
with the procedure established by law, to contact the relevant government agencies or
officials to request the instigation of disciplinary or administrative proceedings or a pretrial
investigation in respect of any official who has infringed human and civil rights and freedoms.
48.
Similar regulations are provided for in the Code on Public Health and the Health-Care
System, the Children’s Rights Act, the Act on the Prevention of Juvenile Delinquency, Child
Neglect and Homelessness and the Act on the Mandatory Treatment of Persons Suffering
from Alcoholism or Drug or Substance Addiction.
49.
Furthermore, pursuant to the Code of Administrative Offences, it is an offence to
obstruct the activities of the members of the national preventive mechanism.
50.
In addition, in accordance with the inter-agency action plan for the implementation of
the recommendations made during the universal periodic review and by the Human Rights
Committee, proposals on further improvements to the country’s legislation to strengthen the
national preventive mechanism will be put before the next meeting of the Government Interagency Commission on draft legislation this year.
51.
The current legislative framework for the national preventive mechanism offers a
number of significant advantages. The mechanism’s mandate is enshrined in a number of
codes (Code of Criminal Procedure, Penalties Enforcement Code, Code of Administrative
Offences, Code on Public Health and the Health-Care System) and the Acts on the Procedure
and Conditions for the Custody of Persons in Special Temporary Detention Facilities, on the
Prevention of Juvenile Delinquency, on Mandatory Treatment of Persons suffering from
Alcoholism or Drug Addiction and on Children’s Rights.
52.
This raises the awareness of the competent authorities and institutions under their
control of the activities of the national preventive mechanism and allows for a broad
interpretation of its mandate.
53.
The current mandate of the national preventive mechanism includes a fairly broad
range of establishments in the prison system, the internal affairs agencies, health-care
facilities, the education system, military institutions and under the National Security
Committee.
54.
Between April and December 2014, members of the national preventive mechanism
conducted 277 preventive visits, of which 14 were special visits. The monitoring visits
included: 73 to temporary detention units, 72 to pretrial detention facilities and correctional
institutions, 11 to remand houses, 17 to special holding facilities, 18 to rehabilitation centres
for young persons, 25 to psychiatric clinics, 25 to drug addiction clinics, 21 to tuberculosis
clinics, 9 to special educational institutions, 2 to Security Committee pretrial detention
facilities and 4 to military police detention units.
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
GE.18-05420
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