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