CAT/OP/KAZ/1/Add.1
84.
Article 49 of the Penalties Enforcement Code regulates the engagement of public
authorities with the members of the national preventive mechanism:
(1)
Government agencies and their officials assist members of the national preventive
mechanism in their legitimate activities. No government agency or official may restrict the
rights, freedoms and legitimate interests of citizens to inform members of the national
preventive mechanism about cases of torture and other cruel, inhuman or degrading treatment
or punishment. Officials who obstruct the legitimate activities of members of the national
preventive mechanism are held liable by law.
(2)
Within three months of the date on which they receive the annual consolidated report
of the national preventive mechanism members in written form, the government agencies
responsible inform the Human Rights Commissioner of the measures they have taken as a
result of the reports received.
(3)
On the basis of the reports by the members of the national preventive mechanism on
the outcome of preventive visits, the Human Rights Commissioner is entitled, in accordance
with the procedure established by law, to contact the relevant government agencies or
officials to request the opening of disciplinary or administrative proceedings or a pretrial
investigation in respect of any official who has infringed human and civil rights and freedoms.
85.
Representatives of government agencies are regularly invited to attend the meetings
of the Coordinating Council to discuss the current work of the national preventive mechanism.
The agenda of the meetings includes the outcome of individual special visits carried out by
the mechanism’s regional teams, complaints from government agencies concerning the
activities of the preventive mechanism, proposals for improving the situation in prisons and
health-care facilities and the drafting of recommendations aimed at improving the
mechanism’s activities.
86.
The Coordinating Council prepares the annual consolidated report of the members of
the national preventive mechanism, taking account of their records of preventive visits. The
annual consolidated report gives an analysis of the current year’s activities and key issues
related to the prevention of torture, with examples of cases of violations of citizens’ rights to
freedom from torture and other cruel, inhuman or degrading treatment or punishment.
87.
The report contains recommendations to government bodies on improving the
treatment of persons held in places of deprivation of liberty and proposals for improving
legislation.
88.
It is sent to the mandated government agency for consideration and is posted on the
website of the Human Rights Commissioner, in accordance with article 23 of the Optional
Protocol, no later than one month from the date of its approval by the Coordinating Council.
89.
In line with legislation, within three months of the date on which they receive the
annual consolidated report of the national preventive mechanism members in written form,
the government agencies responsible inform the Human Rights Commissioner of the
measures they have taken as a result of the reports received, and thus ensure that
implementation of the recommendations is monitored.
Paragraph 36
The Subcommittee is of the view that the overemphasis of punishment and the
cumulative effect of restrictions, rigid discipline and military parading are unlikely to
help reach the objectives of the penitentiary system, and may amount to degrading
treatment. The Subcommittee recommends that the penitentiary system shift its focus
from excessive disciplinary punishment towards rehabilitation and reintegration.
90.
Presidential Decree No. 387 of 8 December 2016 approved the 2017–2019
comprehensive strategy for the social rehabilitation of citizens released from places of
deprivation of liberty who are registered with the probation services.
91.
An action plan for the implementation of the 2017–2019 strategy was adopted on 29
December 2016, under Government Decision No. 912. The plan includes a number of
measures aimed at the rehabilitation of individuals who have been released from prison on
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