CCPR/C/127/D/2920/2016 author’s sister, the Ministry of Health’s Medical and Pharmaceutical Oversight Committee for the Karaganda Region conducted a review of the internment and concluded that the author’s hospitalization was lawful. 22 Also, within the review by the Balkhash city prosecutor’s office on 19 September 2013, another forensic psychiatric examination with the participation of a psychologist of the medical centre for mental health in Astana was ordered to assess the lawfulness of the author’s hospitalization. In their report of 1 November 2013, the experts concluded that the forced hospitalization had been necessary and lawful. On 5 November 2013, the author was released from the psychiatric facility in Astana, but did not return to the psychiatric medical centre in Balkhash for further outpatient treatment. 4.8 In spite of the decision of the Balkhash city court of 20 August 2013 regarding her compulsory hospitalization and treatment, the State party submits that the author went into hiding and did not fulfil the obligations of her compulsory treatment. On 2 July 2014, she was taken to a psychiatric facility by its personnel and police officers. On the same date, the author was subjected to a psychiatric examination without her consent, in accordance with article 123 (5) (3) of the Health-Care Code. 23 A decision on the author’s forced hospitalization was subsequently taken in accordance with article 125 (1-1) of the HealthCare Code. 4.9 The State party claims that, in response to the numerous requests from the author and several public associations, the Ministry of Health’s Medical and Pharmaceutical Oversight Committee for the Karaganda Region, in addition to an independent expert, N.A. Negay, and the institutional experts, conducted a review of the author’s hospitalization at the psychiatric facility in Balkhash city and concluded that it had been lawful. 24 4.10 In relation to the alleged violation of article 7 of the Covenant, the State party notes that, according to article 41 (2) of the Law on Forensic Expertise, 25 the parties to a trial cannot participate in the forensic psychiatric expert evaluation of a living person, as the expert procedure must be conducted confidentially. Accordingly, the representatives of the author were not allowed to be present during the forensic psychiatric expert procedure according to law. 4.11 The State party submits that the inpatient comprehensive forensic psychiatric examinations of 7 July 2010, 5 June 2012 and 1 November 2013 were conducted according to the law with the aim of clarifying and monitoring the author’s mental state and diagnosis. 4.12 The State party claims that the opinions of two independent experts provided by the author (opinions of K.A. Idrisov of 27 September 2012 and S.N. Molchanov of 30 November 2013) were examined by all the relevant courts; however, the courts found that the photocopies of the expert opinions were misleading evidence, since the expert evaluation had been conducted by one expert and not an expert commission. Also, Mr. Molchanov’s credentials as an expert in the field of psychiatry had not been proven. 4.13 The State party submits that the author’s allegations that she was forcibly and violently taken from her home by two male nurses and two police officers on 9 August 2013 were investigated by the police of Balkhash city, and no reasons for the initiation of a criminal case were found. The allegations were also considered within the civil case initiated by the Balkhash city prosecutor’s office. The author made no statement regarding the violence against her from the male nurses or the police officers; it was the author’s sister who claimed the acts of violence against her sister. However, the author’s sister had not seen the event and was not present at the time of the arrest. Thus, the author’s allegations in that regard are not substantiated. 22 23 24 25 Review report of 19 September 2013. Psychiatric examination of a person may be conducted without a person’s consent or without the consent of a person’s legal representative when the actions of the examined person give reason to believe that he or she has a severe “mental disorder (disease)”, which will cause substantial harm to his or her health if left without mental health care. Another review was conducted by the Ministry of Health’s Medical and Pharmaceutical Oversight Committee for Karaganda Region during the period from 23 September to 15 October 2016 and the same conclusion was reached. This law was in force until 10 February 2017. 7