CONSOLIDATED REPORT
absence of windows or their
small size) and for elimination
of the noted issues reported
by the NPM members at each
visit. Nevertheless, the issues
of these temporary detention
centers are well known,
especially by the supervisory
authorities. Preventive visits
to such institutions make
it impossible to predict the
possibility of bringing these
temporary detention centers
to the minimum standards in
the next 2-3 years, or even in
the next decade.
Up to 50% of the visited
temporary detention centers
have repeated comments
and recommendations on
provision of natural (day)
light in the TDC cells, which,
at a minimum, should not
lead to damage to the health
(vision) of the detained, and
in some the cells it is enough
to remove the grids or to
bring them into compliance
with the required standards.
It should also be noted that
in a number of institutions
it was possible to take some
measures in the regard to the
recommendations of the past
2018.
101
However, as in previous
years, by conducting their
visits to the temporary
detention center, the NPM
members address systematic
unsolved
issues
related
to detention facilities, but
remaining outside the scope
of attention of the supervisory
authorities. As an example: in
accordance with Paragraph
2 of Rule 73 of the Mandela
Rules for “Transportation
of prisoners in conditions
of insufficient ventilation
or lighting or in any other
physically
unnecessarily
harsh conditions shall be
prohibited”. The conditions
of transportation of people
in a paddy wagon in a
metal closed unventilated
compartments, with an area
of
0.4 square meters per
person constitute violations
of the constitutional right
of prisoners to be free from
torture and other cruel or
degrading treatment, as
well as to Article 7 of the
International Covenant on
Civil and Political Rights
and the United Nations
Convention against Torture
ratified by Kazakhstan.
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