CAT/OP/KAZ/1
right to be members of the mechanism. The Subcommittee finds this overly restrictive and
even potentially contradictory to article 5 of the Convention on the Rights of Persons with
Disabilities.
26.
The Subcommittee is greatly concerned about reported cases of criminal prosecution
against members of the national preventive mechanism for work carried out under the
mandate of the mechanism. According to the information available to the Subcommittee, a
civil libel case was brought against two members of the mechanism.
27.
The Subcommittee recommends that an impartial investigation into the
circumstances surrounding the above-mentioned cases be conducted, and that the
Subcommittee be kept informed about the results of the investigation. In this
connection, the Subcommittee would like to draw the State party’s attention to article
21 of the Optional Protocol.
28.
In 2015, the national preventive mechanism carried out 528 preventive visits,
including 19 special visits. The Subcommittee is pleased that, according to the consolidated
report of the national preventive mechanism members on the preventive visits carried out in
2015, the number of preventive visits almost doubled in comparison with 2014.
29.
The Subcommittee learned that special urgent visits must be approved by the
Commissioner, who also must approve any findings before their publication. This
procedure may compromise the independence of the national preventive mechanism, as the
Commissioner is appointed by the President and his or her activities are governed by
presidential decree. The Subcommittee would like to recall the concern expressed by the
Committee against Torture that the national preventive mechanism had not been able to
undertake ad hoc visits owing to bureaucratic constraints (see CAT/C/KAZ/CO/3, para. 13).
30.
The Subcommittee is concerned that, in the various places visited, many prisoners
were unaware of the existence of the national preventive mechanism and had never met a
member of the mechanism.
31.
The Subcommittee recommends that the State party raise awareness of the
Optional Protocol and the mandate of the national preventive mechanism in order to
increase the mechanism’s visibility. Recommendations issued by the mechanism
should be widely discussed. Moreover, the mechanism should engage in legislative
processes and advocacy, as encouraged under article 19 of the Optional Protocol.
32.
The Subcommittee also recommends that the State party and the national
preventive mechanism enter into a continuous dialogue, with a view to implementing
the mechanism’s recommendations to improve the treatment and conditions of
persons deprived of their liberty and to prevent torture and other ill-treatment or
punishment.
IV. General observations on the situation of torture and illtreatment
33.
The Subcommittee welcomes the considerable reduction in the number of persons
deprived of their liberty and the parallel overall improvement in conditions of detention.
However, it found that there was a general atmosphere of intimidation and repression in the
places of deprivation of liberty it visited. In the course of its mission, the Subcommittee
received a number of credible allegations of torture and ill-treatment, related in particular to
the initial stages of deprivation of liberty. For instance, there appear to be instances of
excessive use of force during apprehension and immediately after, and beatings with hands
and batons and kicking during interrogation. In some cases, a certain degree of
psychological pressure appears to have been applied; for example, the police threatened to
harm family members. The Subcommittee was also told about instances of “welcome”
beatings in quarantine in pretrial detention facilities and some harsh informal disciplinary
measures and beatings meted out during searches in penitentiary institutions.
6