CONSOLIDATED REPORT
dated July 26, 2017 states
that: “Parcels are not accepted
and returned to the visitor in
the following cases: persons
convoyed by transit” - end
of quotation. In practice, this
restriction is spread by DC
officers in relation to persons
who are in an institution on
an extradition.
By the meaning of the
quoted regulation, it refers
to the transit of prisoners
across Kazakhstan, and not
to the transit on extradition
to another state.
In this case, the rights
of persons arrested on
extradition
are
simply
violated, and this issue
requires a legislative decision
or
clarification
of
the
Prosecutor General of RoK.
Recommendations:
1. The administration of
pre-trial detention center
needs to ensure the
constitutional right of
prisoners to qualified
legal assistance.
1. It is necessary to define
legally and clearly the
concept and status of
transit persons held in
95
detention centers of the
Republic of Kazakhstan.
Right to file complaints,
suggestions, petitions
Conclusions:
Visits
by
NPM members to pre-trial
detention center in 2018
showed that the formal
procedure for submitting
complaints,
proposals,
petitions, almost in all visited
institutions is observed.
However, the level of trust
in this channel for the
protection of prisoners’ rights
is not very high. Despite the
fact that everywhere there
are mailboxes for complaints,
the addressees are indicated,
but as NPM members note,
the complaint mechanism
does not work, the rights
of the suspects and the
accused are being violated
everywhere. Many detained
persons do not believe in
the effectiveness of NPM,
prosecutors and, accordingly,
do not write complaints.
When
visiting,
NPM
members should often have
personal
meetings
with
prisoners and, if their rights
are violated, immediately
collect their petitions.
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