Final report Total of reports prepared 4 1 1 1 6 1 1 12 (for 12 visited police stations) 10 3 1 (for 30 visited police stations) (for 3 visited prisons) (1 for control visit) / 3 The NPM may also submit proposals and comments regarding applicable or draft acts (Article 19 of the Optional Protocol). By providing comments in 2016, we participated in drafting the amendments to Police Tasks and Powers Act, the Criminal Procedure Act, the Criminal Code (KZ-1E) and other regulations. In the procedure for passing the amendments to the KZ-1E, we commended the definition of purpose of punishment, since we believe it is necessary and useful, particularly in the field of enforcing penal sanctions. We also proposed a consideration regarding the definition of the purpose of punishment to particularly emphasise the need to give meaning to time spent in prison, as highlighted in the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) under Rule 4 stating that a period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and self-supporting life. To this end, prison administrations and other competent authorities should offer education, vocational training and work, as well as other forms of assistance that are appropriate and available, including those of a remedial, moral, spiritual, social and health- and sports-based nature. All such programmes, activities and services should be delivered in accordance with the individual treatment needs of prisoners. The proposed KZ-1E anticipated the elimination of life imprisonment. We also commended this proposed amendment. The Ombudsman has had reservations since the introduction of life imprisonment. This was regarded as a strictly political decision. The Ombudsman then noted that arguments provided by the Ministry of Justice as grounds for introducing this punishment were not convincing. We also added that the severity of punishment did not reduce the number of criminal offences, but rather the state’s success in detecting and prosecuting perpetrators. The main objective of imprisonment must be the social rehabilitation of a convicted person who is to be released, not merely the person’s isolation. 1.4 Realisation of NPM recommendations The implementation of NPM recommendations is a commitment of the State Party to the Optional Protocol. According to Article 22 of the Optional Protocol, the competent authorities of the State Party must address NPM recommendations and establish a dialogue with it on possible measures to realise the recommendations. The success of realising the recommendations from NPM’s visits in 2016 are presented in the continuation of this Report by providing all recommendations from individual NPM’s visits according to substantive sets and responses from individual authorities to our recommendations. Every recommendation was marked to indicate whether the relevant institution and/or superior ministry had accepted the NPM recommendation ( ) and implemented it ( ), or failed to accept it ( ). When feedback was not received (this also applies if the response report from the institution concerned was not received during the drafting of this Report), we marked this with “No data” or ( ). The realisation of these and all other recommendations is regularly verified during our future visits to the relevant institutions. RECOMMENDATIONS INSTITUTIONS VISITED Realised Accepted Rejected No data Total Police stations 34 107 66 27 4 204 Aliens Centre 1 4 8 3 0 15 Psychiatric hospitals 5 21 26 7 12 66 24 84 59 3 40 186 3 0 5 1 17 23 7 56 44 8 0 108 Social care institutions Special social care institutions Prisons 10 No. of locations IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

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