CAT/C/KAZ/CO/2 page 9 (e) Identify reasons leading prisoners to committing such desperate acts as selfmutilation and provide appropriate remedies; (f) Establish a health service independent from the Ministry of Internal Affairs and Ministry of Justice to conduct examinations of detainees upon arrest and release, routinely and at their request, and ensure that judges deal with evidence of torture and ill-treatment of detainees and order independent medical examinations or return cases for further investigation; and (g) Ensure that all instances of death in custody are promptly, impartially and effectively investigated and that those found responsible for any deaths resulting from torture, illtreatment or wilful negligence leading to any of these deaths are prosecuted. Independent monitoring of places of detention 22. While welcoming the creation in 2004 of the Central Public Monitoring Commission and in 2005 of regional independent public monitoring commissions with the power to inspect detention facilities, the Committee remains concerned that their access to IVSs is neither automatic nor guaranteed and that their access to medical institutions has yet to be considered. Furthermore, it has been reported that the commissions have not been granted the right to make unannounced visits to detention facilities, that they are not always given unimpeded and private access to detainees and prisoners, and that some inmates have been subjected to ill-treatment after having reported to the commissions’ members (arts. 2 and 11). The State party should guarantee that the commissions have the unrestricted right to conduct unannounced visits to all places of detention in the country at their own initiative, including medical institutions, and it should ensure that detainees who report to commissions’ members are not subjected to any form of reprisal. The State party should also speedily establish or designate a national preventive mechanism for the prevention of torture and take all necessary measures to ensure its independence, in accordance with the provisions of the Optional Protocol of the Convention. 23. The Committee welcomes the creation of the Human Rights Commissioner (Ombudsman) in 2002 with a broad mandate and notably the competence to consider communications of human rights violations and to conduct visits of places of deprivation of liberty. The Committee notes however with concern that the ombudsman’s competencies are substantially limited and that it lacks independence due to the fact that it does not have its own budget. The Committee notes with further concern that the mandate of the Human Rights Commissioner does not empower it to investigate action taken by the Prosecutor’s office (arts. 2,11,13). The State party should transform the Human Rights Commissioner into a fullfledged national human rights institution, operating on the basis of a law adopted by Parliament, with adequate human, financial and other resources and in conformity with the Paris Principles.

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