E/CN.4/2006/6/Add.2
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and legal interests of citizens at the Commissioner’s disposal. State bodies have to cooperate
with the Commissioner. If they do not, they can be held responsible. In accordance with the
agreement between the Ombudsman and the Ministry of Interior, joint measures are taken to
guarantee the protection of the rights of prisoners, to create conditions for unhindered visits by
the Ombudsman of places of detention, to conduct meetings and interviews with prisoners and
detainees. Article 4 of the Agreement provides that the creation of a post of a representative of
the Oliy Majlis on Human Rights (Ombudsman on human rights of prisoners) in penitentiary
institutions should be considered. A similar agreement between the Ombudsman and the Health
Ministry ensures that the Ombudsman can rely on staff of the Health Ministry to examine
allegations of violations of rights and freedoms of the citizens. It provides also for the
establishment of Ombudsman institutions on the rights of patients and medical personnel in the
regions. In 2005, the Human Rights Commissioner of the Oliy Majlis and her representatives
conducted more than 110 meetings outside of its office, including in penitentiary institutions.
They also monitored trials related to 55 criminal and civil cases.
392. Recommendation (s) stated: Relatives of persons sentenced to death should be
treated in a humane manner with a view to avoiding their unnecessary suffering due to the
secrecy and uncertainty surrounding capital cases. It is further recommended that a
moratorium be introduced on the execution of the death penalty and that urgent and
serious consideration be given to the abolition of capital punishment.
393. According to NGOs, information about the execution of the death penalty and the burial
place is still considered a state secret, which they find senseless and illogical. In August 2005, a
decree abolishing the death penalty starting from January 2008 was issued. The decree does not
foresee a moratorium in the interim. The long period until the abolition of the death penalty is
not understandable. The Government’s decision to abolish the death penalty is welcomed but
should be expedited.
394. The Government informed that article 140 of the Penitentiary Code provides for the
procedure for the execution of the death penalty. On 1 August 2005 the President issued the
Decree “About the Abolition of the Death Penalty,” which foresees the abolition starting from 1
January 2008. Work on a series of legislative, awareness-raising and organizational measures in
three directions is underway: amendments to the three Codes are being prepared; given that more
than 75 percent of the population is against the abolition of the death penalty, a far-reaching
awareness raising campaign needs to be conducted; and facilities for persons sentenced to long
prison terms or for life need to be built, equipped, and staffed with trained personnel.
395. Recommendation (t) stated: The Government should give urgent consideration to
closing Jaslyk colony which by its very location creates conditions of detention amounting
to cruel, inhuman and degrading treatment or punishment for both its inmates and their
relatives.
396. According to NGOs, Jaslyk prison is still functioning. Staying in this prison in itself
equals cruel, inhuman and degrading treatment and punishment. Family visits are extremely
difficult due to the remote location of the prison. Situated in Karakalpakstan, the only possibility
to reach it is by railway, which takes three days from the nearest city station. Moreover, Jaslyk is
located in an ecologic disaster zone. Reports indicate that after a year of work in this prison, even
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