CAT/OP/KGZ/2
rightly prescribed by law, the mechanism is advised to avoid handling individual
complaints on torture or ill-treatment itself, but to ensure the referral of those to the relevant
authorities and to follow up on them closely and periodically. With regard to complaints on
matters related to other issues, such as conditions of detention, the mechanism should
inform interviewees of the possible avenues for submitting complaints, and to whom the
complaint should be addressed. On a case-by-case basis, the mechanism may advise
detention centre authorities on ways to solve humanitarian-related issues about which they
have received a complaint; however, this is only to avoid irreparable harm and does not
alter the fact that the mechanism cannot and must not handle individual complaints.
Irrespective of this fact, the mechanism may use the data gathered from the individual
complaints and analyse their content with a view to addressing more general trends and
gaps in the legal and detention systems, and for constructing the basis of the
recommendations to the State authorities.
24.
The Subcommittee recommends that the national preventive mechanism
establish clear guidelines on modalities of interaction and follow-up with the
Ombudsman’s Office, especially with regard to matters related to visits to places of
deprivation of liberty and individual complaints, in order to avoid duplication and
interference with each other’s competence.
25.
The Subcommittee also recommends that the national preventive mechanism
ensure that the scope of places of deprivation of liberty is sufficiently broad in the law,
so as to not restrict the mandate of the mechanism and to avoid certain places of
deprivation of liberty falling outside of the mechanism’s competence due to a
restrictive definition in the law. This should include non-traditional places and forms
of detention, including but not limited to house arrest, boarding and Islamic schools
(madrasas) and refugee camps. 5
2.
Structure and independence
26.
The Subcommittee notes with satisfaction the involvement of civil society members
in the composition of the coordination council, which is the strategic core of the national
preventive mechanism. However, it is of the utmost concern to the Subcommittee that this
important body is currently paralysed due to the lack of quorum. 6 Four of eight members of
the coordination council from civil society have either resigned or left their posts, and no
new vacancies had been announced as at the time of drafting the present report. Moreover,
someone to fill the position of Ombudsman has yet to be nominated and the two
parliamentarian members of the coordination council attend its sessions only sporadically.
27.
The Subcommittee recommends that the national preventive mechanism,
through its director, publish as soon as possible an invitation for non-commercial
organizations7 to nominate candidates for membership in the coordination council. 8
The Subcommittee believes that in instances where the coordination council is unable
to take decisions, the director of the national preventive mechanism should proceed to
decisions with the help of the remaining members of the coordination council, as the
law on the national preventive mechanism (art. 5) states that the National Centre is
managed by both the coordination council and the director. This is to ensure
continuity in the exercise of the mandate of the National Centre and its functioning,
and should not constitute a basis for inaction by the national preventive mechanism.
On the other hand, the National Centre should use all possible channels to compel the
parliament to form a working committee to review proposals for candidates for
membership of the coordination council.9
5
6
7
8
9
6
See CAT/C/57/4 and Corr.1, annex.
Pursuant to article 12 of the law on the national preventive mechanism, the quorum is set at seven
members.
Term used in the law on the national preventive mechanism.
As prescribed in article 10 of the law on the national preventive mechanism.
Article 10 of the law on the national preventive mechanism.