CAT/OP/KAZ/1/Add.1 292. In addition, a recommendation was made to directors of regional drug rehabilitation centres on setting up public councils with NGO representatives among their members. 293. These organizations have local electronic information systems, and there are plans to develop registers for recording the use of restrictive measures in that context. Paragraph 138 In practice, detainees at the centres reported that there were no avenues for them to reverse decisions identifying them as substance abusers. The Subcommittee recommends that an effective appeals procedure that complies with international law be put in place. 294. Pursuant to article 10 (8) and (9) of the Penalties Enforcement Code, the fundamental rights of convicted prisoners include health and access to qualified medical care in accordance with national legislation on health-care and psychiatric services. This medical care should be administered by officials from the institution’s psychological service or other persons who have the right to provide such care. 295. Persons sentenced to a short term of rigorous imprisonment, deprivation of liberty or the death penalty have the right to submit applications regarding the protection of their rights to the higher administrative bodies of the relevant institutions or bodies responsible for the enforcement of sentences, the court, procuratorial authorities, other State authorities, voluntary organizations and international organizations that protect human rights and freedoms. Such applications are submitted through the administration of the institution or body responsible for the enforcement of sentences. 296. Under article 26 (2) and (3) of the Penalties Enforcement Code, an institution can obtain a court order to take coercive measures of a medical nature against a convicted prisoner declared to be in need of treatment for alcoholism or drug or substance addiction. If a convicted prisoner is declared to be suffering from one of the illnesses specified in article 26 (1), the administration applies to the court for authorization to use coercive measures of a medical nature. 297. Under article 132 of the Code on Public Health and the Health-Care System, the procedure for declaring a person to be suffering from alcoholism or drug or substance addiction is conducted by State health-care organizations following the appropriate medical examination in accordance with the procedure set out by the designated body. 298. Persons declared to be suffering from alcohol or drug or substance addiction can appeal such decisions to the higher administrative body responsible for health care and/or to the court. 299. Persons suffering from alcoholism or drug or substance abuse have the right to refuse medical and social rehabilitation at any stage. Persons who have refused medical and social rehabilitation, or their legal representatives, must be given an explanation of the possible consequences of such a refusal. Such persons, or their legal representatives, and a psychiatrist or addiction specialist must sign medical documentation certifying that medical and social rehabilitation has been refused and that the possible consequences of that refusal have been explained. 300. 34 We consider it inappropriate to develop additional complaints procedures. GE.19-01981