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Since 2014, NPM has been
operating in Kazakhstan
to prevent torture and
other cruel, inhuman or
degrading
treatment
or
punishment. According to
the plan approved by the
Commissioner for Human
Rights in the Republic of
Kazakhstan,
preventive
visits are conducted and
the NPM members have
drawn up a report on
institutions with conclusions
and recommendations to
various state authorities on
their competences. There
can be an impression that
there is a difference in the
understanding
of
what
torture is and, accordingly,
the expectations of the
NPM members, significantly
differ from the measures
taken by state bodies on
recommendations or even
their inaction on one or
another petition of torture.
We believe that, to begin
with, we need an equal
understanding
of
what
torture is.
According to Article 1
of the Constitution of the
Republic of Kazakhstan “The
Republic of Kazakhstan claims
CONSOLIDATED REPORT
itself to be a democratic,
secular, legal and social state,
the highest values of which
are people, their rights and
freedoms”, which also implies
freedom from torture, which
is further reflected in Part 2 of
Article 17 of the Constitution
of the Republic of Kazakhstan
“No one should be subjected
to torture, violence, other
cruel or degrading treatment
or punishment”. The UN
Convention against Torture,
ratified by the Republic of
Kazakhstan, in Part 2 of Article
2, claims: “No exceptional
circumstances, whatever they
may be, whether it is a state
of war or a threat of war,
internal political instability or
any other state of emergency,
can serve as an excuse for
torture”. According to the
Constitution of the Republic
of Kazakhstan (Article 4,
Part 3), international treaty
ratified by the Republic of
Kazakhstan takes precedence
over its laws. Thus, freedom
from torture is an absolute
right and applies to freedom
and there is no such situation
and there cannot be such a
situation that would justify
the use of torture.
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