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security worsens. They do not
have the right for telephone
conversations, the right for
long visits. Moreover, in
their opinion, a legal conflict
arises here: the authorized
body, by its decision, cancels
the decision of the court
regarding the definition
of the type of institution,
which worsens the rights
of convicts. The same
conclusion of NPM members
should be considered. A
restriction of human rights
not on the basis of the law,
but on the basis of a decision
of an administrative body can
be observed.
It is necessary to thoroughly
study the issue under
consideration and make
appropriate adjustments to
the legislation.
Recommendations:
it is necessary to direct
efforts to further improve the
legislation on the execution
of sentences and the prisoner
welfare in the institutions
of the Ministry of Internal
Affairs of the Republic of
Kazakhstan.
CONSOLIDATED REPORT
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Conclusions: According to
Paragraph 3 of Article 13 of the
Constitution of the Republic
of Kazakhstan everyone
has the right to receive
qualified legal assistance. In
cases provided by law, legal
assistance is provided free
of charge. One of the issues
that caused the concern of
NPM members when they
visited the establishment LA155/18 of the Department
of the penitentiary system in
Almaty on January 18 was the
lack of contact of prisoners
with lawyers who should
be provided by the state as
necessary. Many prisoners
said that lawyers simply did
not come and, of course,
the defense of the case is
reduced to a minimum. This
situation was happened to
the majority of detainees and
they asked NPM members to
pay special attention to it.
Paragraph 65 of the
Internal Regulations of the
pre-trial detention centers
of the penitentiary system
approved by the Order of the
Minister of Internal Affairs of
the Republic of Kazakhstan
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