National Preventive Mechanism for the Prevention of Torture / CONSOLIDATED REPORT • 2016 / 1

CONSOLIDATED REPORT CONSOLIDATED REPORT Prepared by the National Preventive Mechanism Membersconsolidated on report the Preventive Prepared by the National Preventive MechanismVisits members Made on thein 2016Preventive Visits Made in 2017

National Preventive Mechanism for the Prevention of Torture

Astana |2018 2017 Consolidated Report of the National Preventive Mechanism members on the preventive visits carried out in 2017, Astana, 2017 - 178 p.

The Report has been drafted by the Coordination Council of NPM under the Comissioner for Human Rights and published with the support of the OSCE Programme Office in Astana and the Penal Reform International Representative Office in Central Asia

The content of the document is the sole liability of the authors. CONTENTS

1. On some organizational issues of the National Preventive Mechanism in 2017...... 7 2. Rights of convicts in correctional institutions of the Committee of the Criminal Execution System (CCES) under the Ministry of Interior of the Republic of Kazakhstan (MoI RK)...... 15 3. The situation of persons detained in remand centres of the Committee of the Criminal Execution System (CCES) under the Ministry of Interior of the Republic of Kazakhstan (MoI RK)...... 31 4. The situation of persons held in temporary detention facilities and other institutions of the Ministry of Interior of the Republic of Kazakhstan (MoI RK)...... 67 5. The situation of persons held in institutions subordinated to the National Security Committee (NSC) of the Republic of Kazakhstan...... 83 6. The situation of persons held in institutions under the Ministry of Defence...... 89 7. The situation of persons detained in the institutions subordinated to the Ministry of Health...... 115 8. Situation of minors held in institutions subordinated to the ministries of Education and Science, Interior, Health of the Republic of Kazakhstan...... 131 Conclusion...... 171 1 On some organizational issues of the National Preventive Mechanism 1 in 2017 8 CONSOLIDATED REPORT CONSOLIDATED REPORT The legislation regulating report of the NPM. the activities of the National 582 preventive visits were Preventive Mechanism carried out in 2017 by the (hereinafter – the NPM) in NPM members including 24 the Republic of Kazakhstan special visits (see Figure 1). As establishes the obligation statistics show, the number of the Coordinating Council of preventive visits decreased under the Commissioner for by 98 visits in comparison human rights to prepare the with the previous year, which annual consolidated report is associated with a reduction of the NPM members on the in the allocated budget. results of preventive visits. During the reporting This is the fourth consolidated year the NPM members (hereinafter - NPMM) conducted 140 visits to temporary detention centres throughout Kazakhstan, 31pre-trial detention centres, 106 correctional institutions, 23 remand houses, 24 special reception centres, 21 centres for adaptation of minors, 7 special educational institutions, 36 psychiatric, 31narcological, 51 anti- tuberculosis organizations, and 4 detention centres of NSC, 8 military detention/ confinement facilities, 56 police stations (including the premises of departments of internal affairs). Figure №1 Out of these 24 special Number of NPMM rooms were visited: 17 visits in 2017 correctional facilities, 6 pre- trial detention centers, 1 CONSOLIDATED REPORT 9 psychiatric hospital. Health. Based on the results of the Medical supplies were special visits the materials improved in the correctional on the revealed violations institutions of East contributing to the creation of Kazakhstan, Kostanay, North factors of cruel and degrading Kazakhstan, Kyzylorda and treatment were sent to the South Kazakhstan region Prosecutor's offices and where the stock of medicines authorized bodies depending was updated, the ventilation on the content. system of the premises Also, during the preventive was renovated, the library visits in 2017, in total 111 database was updated, and appeals to the Commissioner the regime and foodstuffs of for human rights were prisoners were monitored. In received by the NPM many mandated institutions members. major repairs were carried out One of the measures in the living quarters, where showing the effectiveness of windows and a sewer system the NPM is the implementa­ were replaced, and the yards tion of the recommendations were equipped with shelters on elimination of revealed from rainfall. violations mandated by the Detention conditions institutions referred to in the were improved in detention reports of visits by regional centres, special reception groups of NPM members for centres and remand houses the year 2016. in the southern and eastern The recommendations of regions of Kazakhstan. . NPM the NPM members set out members also conducted in the previous consolidated methodological work on report were implemented in familiarizing employees in the prescribed manner by the the correctional institutions National Security Committee, of eastern Kazakhstan, the Ministry of Interior, the specifically Kostanay, and Ministry of Defence, the northern Kazakhstan regions Ministry of Education and with the procedure for Science and the Ministry of observing the rights and 10 CONSOLIDATED REPORT CONSOLIDATED REPORT freedoms of convicts, as work as equipping medical well as on the prevention cabinets, placing sports of torture. These examples equipment in exercise yards, prove the feasibility of and increasing artificial ongoing preventive visits. lighting was carried out in the The leadership of military confinement facilities the National Security including Almaty, Semey Committee of the Republic Karaganda.The Ministry of of Kazakhstan, together with Education and Science of the administration of the the Republic of Kazakhstan pre-trial detention centers, provided detailed information implemented measures to on the implementation of the create conditions that meet recommendations of NPM the minimum standard rules members regarding specific for the treatment of prisoners. institutions. Moreover, the As part of this, it was planned authorized body announced to build new buildings for the dispatch of an information pre-trial detention centers in letter to the akimats of Astana and in Almaty. oblasts, Astana and Almaty The recommendations cities, with recommendations of NPM members on the for improving the conditions outcome of visits to the of detained children and military confinement facility the order of their stay in the were taken into account. educational organizations According to the information subordinate to the Ministry. received from the General The Ministry emphasizes Staff of the Armed Forces of that most of the violations the Ministry of Defense of identified by NPM members the Republic of Kazakhstan during preventive visits to it follows that work was the Adaptation Centers carried out to equip the for Minors and Specialized facility in accordance with organizations in 2016, were the current international eliminated. There were standards. Namely, according some issues that remained to the recommendations of unresolved- for example, the NPM members, such the point on requiring an CONSOLIDATED REPORT 11 increase in financial costs, recommendations of NPM such as the transfer (changing members. It should be noted the venue) of the Center for that the authorized body the Adaptation of Minors in does not pay due attention to Zhambyl and Almaty regions. improving the rehabilitation Due to the fact that financing programs of mental / of these organizations is narcological patients and within the competence of their social adaptation. local executive bodies, the As a result of the analysis Ministry recommended of the information provided that local executive bodies on the implementation of eliminate the identified the recommendations of violations in the shortest NPM members for 2016 possible time. According to that was reflected in the the recommendations of consolidated report, there the NPM members in order is a positive dynamic of to prevent torture and ill- observance of comments treatment of minors by and recommendations by the the staff certain work was state authorities following carried out on the design of the preventive visits. information and legal bilingual Within the limits of stands on NPMs, on children's his competence the rights, the procedure Commissioner for Human for filing complaints and Rights sent inquiries to appeals with samples of authorized state bodies applications, helplines, on the facts set forth in contacts of prosecutors, the citizens' appeals. Not all Commissioner for Human incoming complaints found Rights in the Republic of confirmation, but in some Kazakhstan and public cases pre-trial investigations organizations. were carried out, a number The information provided of expertise tests were by the Ministry of Health of conducted . the Republic of Kazakhstan Based on the results does not sufficiently reveal of special visits during the implementation of the the reporting year the 12 CONSOLIDATED REPORT CONSOLIDATED REPORT materials were forwarded Republic of Kazakhstan in the to the authorized bodies for field of prevention of torture. verification. In some cases, It should be noted that the the results of special visits obstruction of the activities of led to the disciplinary liability members of the NPM by law of employees of closed enforcement officers entails institutions. Thus, according liability for violating the Code to the results of the special of administrative offences of visit of the ETS-164/4 the Republic of Kazakhstan. Institution of the Department The Commissioner for of the Penitentiary System human rights and his / her for the North-Kazakhstan institution are implementing oblast, the investigator of training projects aimed at the Petropavlovsk police enhancing the professional department and the head skills and knowledge of of the Office of the Public NPM members as a human Prosecutor's Office of the rights mechanism. The North-Kazakhstan region activities of the National were disciplined for the Centre for Human Rights in weakening of supervision Kazakhstan are carried out in in the line of execution of close cooperation with such punishment. international organizations In accordance with national as the Office of the High legislation, interference in Commissioner for Human the activities of NPMs is Rights’ (OHCHR) Regional prohibited. Nonetheless, in Office for Central Asia 2017, the heads of the NPM (ROCA), the United Nations groups in West Kazakhstan, Development Programme Kostanay and the Almaty (UNDP) in Kazakhstan, the region faced attempts to United Nations Children's prevent their work by the Fund (UNICEF), the employees of the institutions. European Union, the OSCE This was connected with the Centre in Astana, the PRI latter’s lack of knowledge office in Central Asia, as about the norms of the well as Kazakhstan's non- national legislation of the governmental organizations. CONSOLIDATED REPORT 13 During 2017 a series of In 2017, a very important training sessions on practical event, the first Forum of issues of the functioning the national preventive of NPMs were conducted mechanism “Prevention of with the participation of torture, Kazakhstan and international experts and international experience,” organizations such as PRI, was held. . The event was OSCE, OHCHR, and the dedicated to the 10th Council of Europe. anniversary of the entry Thus, on 14-15 February into force of the optional 2017, a training seminar Protocol to the Convention was held for newly elected against torture and other members of the NPM. The cruel, inhuman or degrading training was an introductory treatment or punishment course on the functioning of (OPCAT). During the meeting NPMs where special attention Kazakhstan presented was paid to the preparation its experience about the for preventive visits, the functioning of the Torture conduct of the visit itself, Prevention Institute and the preparation of reports the monitoring of places of on the results of visits as well deprivation and restraint as the importance of sharing of liberty. Kazakhstan also responsibilities among group discussed how to further members. improve the NPM activities, A working meeting of the including the issues of its heads of the NPM preventive legal regulation. visits and reporting teams was During the forum the held on 15-16 March 2017. emphasis was placed on the Within the framework of importance of strengthening this event the group leaders the role of the Coordinating discussed thematic issues of Council of NPM and the the NPM activities, shared need to further improve knowledge and experience, cooperation between the and developed proposals for NPM and state authorities at improving the work of the the сentral and local levels as Coordinating Council. well as administration of the 14 CONSOLIDATED REPORT CONSOLIDATED REPORT mandated institutions. educational institutions. The draft law «On On 12 December 2017, amendments and additions 92 new members of the to some legislative acts of the NPM for 2018 were Republic of Kazakhstan on elected by decision of the the activities of organizations members of the Coordinating engaged in the protection Council. Due to the lack of the rights of the child”, of the required number of regulating the expansion of members of the NPM in the mandate of the NPM Atyrau, East Kazakhstan to more than 200 closed and Mangystau regions an institutions, was unanimously additional recruitment of approved at the first reading NPM members was held. during the meeting of the As a result of the additional Majilis in November 2017. selection 22 participants were Currently, the draft law is elected to regional groups under consideration by the in Atyrau, East Kazakhstan Majilis Parliament of the and Mangistau regions. The Republic of Kazakhstan. overall composition of the It should be noted that NPM members in 2018 was the issue of expanding updated to 32% in comparison the powers of NPMs was with the previous year. 2 reflected in the concluding Financial support for the observations of the UN activities of the NPM is Committee against torture on provided from the republican the third Periodic report of budget. The budget funds the Republic of Kazakhstan are used only to reimburse dated December 12, 2014. the costs incurred by NPM The observations stressed the members for preventive visits need to expand the mandate and cannot be used for other of NPMs by introducing purposes. all places of deprivation of In order to save budget liberty, including children's funds in 2017, the budget for homes, medical and social the financing of NPMs was institutions for children with reduced to 61.3 million tenge. disabilities, special and closed Of these, 59.9 million tenge was spent. CONSOLIDATED REPORT 15

Rights of convicts in correctional institutions of the Ministry of Interior Prepared by: Syzdykov Olzhas Turgunovich 2 Baltabayev Kuanish Zhetpisovich 16 CONSOLIDATED REPORT CONSOLIDATED REPORT During the period from 6) State Establishment January to December "Uchrejdenie 157/9", CCES 2017, 107 visits to MoI, Kazakhstan (Atyrau city) correctional institutions of - May 30, 2017; the Penitentiary system of 7) SE -164/1, CCES MoI RK, Kazakhstan were carried out, Petropavlovsk city, Zarechnyi among which there were village - May 26-27, 2017; periodic, intermediate and special visits. It should be 8) Railway department -158/2 noted that during this period of the penitentiary system, there were 25 special visits Zhambyl region (Taraz) - May conducted, namely: 26-27, 2017; 1) Establishment EC-166/1 9) Establishment of KA-168/5 of the penitentiary system, in Aktobe region, Zhem. 5-6 Astana (remand centre -12) – June 2017; on 23-24 February, 2017; 10) SE "Kostanay regional 2) Establishment of LA- psychiatric hospital" 155/18 of the penitentiary Zatobolsky village; system, Almaty and Almaty 11) Health Department of region, February 23, 2017 - Kostanay region of the Ministry Mamay J. case.; of Health, 13 June 2017; 3) RU-170/3 of the 12) Establishment of the penitentiary system, Zapadnyi RU-170/3 of the penitentiary (Western) Kazakhstan region, system at the WKR 4 July Uralsk - March 14, 2017 – 2017; Diyashev’s case; 13) Establishment ED-166/1 4) Railway department in Astana-July 8, 2017; -158/2 of the penitentiary system, Zhambyl region, April 14) Establishment EC-164/4 5-6,2017 - Obaev K. R. case; NKO-12-13 July 2017; 5) Detention facility EC-166/1 15) Establishment UG-157/9 (Astana) -18 May 2017; in Atyrau region : 13 July CONSOLIDATED REPORT 17 2017; of the penitentiary system in Almaty and Almaty region, 16) Establishment ЕС - 164/1 Almaty - 17 December 2017. at NKO:July 26, 2017; 17) Establishment EC - 164/4 The system for the at NKO on July 27, 2017; execution of punishments is one of the constant targets 18) Establishment UG-157/9 of criticism of the local in Atyrau region -29 July (Kazakh) and the international 2017; community. The main reason 19) Establishment IC-167/11 for this criticism is the lack of the penitentiary system of compliance with the of Kazakhstan - August 23, standards of detention of 2017; persons serving sentences, which leads to violations of 20) Establishment OV-156/14 their rights and complaints East Kazakhstan region -27 to various organizations. August 2017; Objective and subjective 21) Establishment EC - 166/4 factors can be identified as the Atbasar-29 August 2017; reasons for this situation. The detachment colony system 22) Establishment RU-170/2 with outdated material of the penitentiary system in resources, contradictions the West Kazakhstan region, between the normative Uralsk-7-8 September 2017; legal acts (based on which 23) Establishment RU-170/3 the penitentiary institutions of the penitentiary system operate) of the national in West Kazakhstan region, legislation and international Uralsk, September 8, 2017; norms have led to the fact that, despite the reduction 24) Establishment RU-170/1 of the prison population, in of the penitentiary system in many units there is a shortage the West Kazakhstan region, of personnel, which inevitably Uralsk-October 18, 2017; leads to the creation of 25) Establishment LA 155/1 voluntary assistants to the 18 CONSOLIDATED REPORT CONSOLIDATED REPORT administration from among institution. “loyal” convicts. NPMM has pointed out that Reference to the content in almost all of the institutions of the report allows for a the sanitary standards of comparison of the situation different premises do meet with the observance of human requirements and need major rights in the correctional repairs. Thus, NPMM in the institutions of the penitentiary South Kazakhstan region system of Kazakhstan with noted that major repairs the recommendations of or the construction of a the “Mandela Rules” and the new institution that meets provisions of the national international standards is preventive criminal-executive needed in the women’s colony legislation. ИЧ-167/4. In OB-156/3, The monitoring of the major repairs are needed in penitentiary institutions the institution's premises, compliance with the standard namely at: disciplinary requirements for material isolator (DISO), chamber type and sanitary conditions in room (CTR), strict conditions the penal institutions of the of detention (SCD) rooms, republic for the 4 years of medical station; there is no existence of the NPM has hot water supply in the living not changed fundamentally. quarters. In the absence of central Failure to comply with the funding ongoing repairs are temperature regime in the often carried out “at their winter and the poor quality own expense”. During the of drinking water give rise to interviews with prisoners, undeniable risks for the health they complained that of convicts at the institution the administration of the 166/26 in Derzhavinsk city. institution through their The long distance from the “volunteers” forced them to regional center - more than buy construction materials 500 km, complicates the work with the help of their relatives of public monitors. Practically or spent money earned in the in every report, we call on the CONSOLIDATED REPORT 19 government to take measures No. 2146/2012), which to close the colonies located recognized that the far from the regional centers. maintenance of persons with This step could solve a disabilities in unadapted whole range of problems prisons constituted a violation in the penitentiary system of Art. 10 of the International such as: shortage of medical Covenant on Civil and and general personnel, Political Rights (violation communication with relatives of the right to humane and human rights activists. treatment and respect for NPM members pointed the inherent dignity of the out the poor library fund of human person). The Nelson institutions, a meager diet, Mandela Rules state that and the dilapidated bed linens “In order for the principle and mattresses. There are no of non-discrimination to sports facilities in nearly all of be put into practice, prison the institutions. administrations shall take Special attention should be account of the individual paid to the most vulnerable needs of prisoners, in category of disabled prisoners. particular the most vulnerable Kazakhstan ratified the categories in prison settings. Convention on the Protection Measures to protect and of the Rights of Persons with promote the rights of Disabilities. The Republic prisoners with special needs has introduced norms in are required and shall not be the national legislation that regarded as discriminatory.” allow persons with disabilities Many violations of the to use social services and rights of this vulnerable group an individual rehabilitation of convicts were revealed in programs. During the 116th the process of monitoring at session (March 2017), the UN penitentiary institutions. For Human Rights Committee example, in OV-156/2, OV- rendered a decision on 156/3, OV-156/14, IC-167/2, Suleimenov v. Kazakhstan ОV-156/15, ETS-164/1, case (communication ЕTS-164/8, ЕTS-164/4, ЕC- 20 CONSOLIDATED REPORT CONSOLIDATED REPORT 166/10, ЕC-166/25, ZD- right to use the services of 158/4, UKA-168/2- disabled specialists who have skills convicts did not even know in tactile-sign language or that they have the right to Braille alphabet. an individual rehabilitation The lack of ramps, program. It should be unequipped bathrooms and noted that the accessibility bath rooms for the needs of of disabled people in the the disabled are only visible premises is complicated. problems. The Committee One of the big problems of the Penitentiary System, for convicts is obtaining the Department of Penal the status of disabled. The Enforcement Facilities and absence of narrow specialists the local institutions need to and appropriate medical resolve as soon as possible equipment makes it difficult the issue of equipping an for them to pass medical accessible environment for commissions. persons with disabilities in When monitoring the correctional facilities. establishment UKA-161/2, In almost all regions, it is the NPM team drew the noted that the penitentiary attention of the institution's institutions suffer from a administration to the prisoner flourishing vicious practice Sh., who was diagnosed with of empowering certain a fracture of the cervical prisoners with the powers to vertebra, but he was not given exercise control over the bulk a disability. In UKA-161/4 the of the convicts in the form of convict G. was not declared volunteer assistants to the disabled though he had eye administration. And although disorders (vision impairment). such organizations are not According to article 10, directly named in Article paragraph 11 (3) of the PEC 126 of the PEC, it contains of the RK, convicted persons the wording that “convicts' with disabilities such as organizations are established speech defects, either of to work under the supervision hearing or sight, have the of the administration of the CONSOLIDATED REPORT 21 institution”. This formulation K., G., A., N. were subjected basically justifies the to psychological torture creation of such amateur with threats of the so-called organizations of convicts who “harem” - acts of homosexual are completely comfortable assault involving “activists” with the administration of VOC (voluntary organization correctional facilities and can of convicts) and with the use it for their own benefit. connivance of the staff of the Participants of voluntary institution. According to the amateur organizations convicts, there is evidence - enjoy benefits from the records from CCTV cameras, administration for “loyalty”. on which illegal actions of They are not attracted to the institution's employees cleaning work, thereby were captured. As it became violating article 121 of the known from interviews PEC of the RK and creating with convicts, the motive conflict situations in the for committing such actions institution. The detachment is refusal of confessions in colony system of convicts the case of suicide by A., is a breeding ground for where these convicts act as the emergence of “quasi- witnesses. laws” and subcultures in In the same colony, a group the penal system. So, in the of NPMs received complaints establishment ЕTS-166/18 about extortion of money in the Zavodskaia settlement, by members of the VOC, the convicts complained that by transferring money from the “activists” of the colony do relatives of convicted persons not participate in the cleaning to personal card accounts of premises and territory, of civilians, followed by the thereby violating article 121 transfer of funds to VOC of the PEC. participants. In the establishment ETS- In the course of monitoring, 164/4 - the NPM group the NPMs of UKA 161/4 of the SKO came to the revealed that the Volunteer conclusion that the convicts Assistant Administration 22 CONSOLIDATED REPORT CONSOLIDATED REPORT (VAA), being in the same showdown with the “guilty.” unit as the other convicts, E. is a senior staff of VAA. B. was sleeping in a separate also claims that he was beaten bedroom. Despite the fact twice by the VAA and there that, according to Art. 126 are witnesses of the accident. PECs of the RK - Members The shameful rudiment of voluntary organizations of the colony detachment of convicts do not enjoy system is the existence of the additional privileges and outcast prison subculture. As cannot have powers. There is a rule, they live on general also a separate detachment grounds in detachments. where all the “offended” of They eat in the common the institution are collected. dining room, but the tables 33 people in total. They do not stand separately. have the right to eat together, Despite the fact that they be around one another in perform the dirtiest, most their spare time or watch TV difficult work such as cleaning together. the cesspools, sewers, toilets The group of NPMs in the - the work of the convicts is Karaganda region interviewed not paid in full. The existence convicts detained in the of such discrimination DISO who complained about enables the administration of the Voluntary Assistant the institution to blackmail Administration (VAA), the and humiliate the dignity red tape in the criminal case of the prisoners. It is against the employees of undoubtedly an instrument the colony A., P., A., who of torture. Unfortunately, the (according to the convict) laws of the criminal world were beaten in September have been adopted by the 2015. Kazakh penitentiary services, In particular, the convict B. which use them to control pointed to an unacceptable convicts by blackmailing situation in the institution, them with threats of transfer where person E. has a to the status of “offended”. “private” cabinet for the It is necessary to mention CONSOLIDATED REPORT 23 LGBT citizens, who are staff of institutions. Convicts automatically ranked in this who have not received subculture. It is necessary the status of persons with to take on special control disabilities, but having a every fact of the status of chronic disease associated the convict in the prison with traumatic brain injury hierarchy, and to eliminate or complicated forms of the practice of discrimination arthritis, which qualifies them against this category of as disabled people are forced convicts in the distribution of to stand during roll call, march work in institutions and their in formation and stand on the exploitation in unpaid work. drill ground. There is a need to develop a The algorithm by which program for resocialization of the medical staff of the this category of convicts. institutions shall decide on The provision of convicted the temporary disability of citizens with medical care convicts raises suspicion leaves a lot to be desired. as well as procedure the A sharp staff shortage, an convicted receives additional ill-conceived system of parcels, medicines and purchasing medicines, and medical supplies in quantity an inadequate list of medical and assortment, determined services is only a visible part of in accordance with the the problem. So, the convicts medical report. According in ОV-156/20 complain about to the convicts, the decisive the lack of dental services role in the decision-making that are available to them and is played by the operational- the lack of equipment for mode staff, according to the provision of high-quality the criteria of loyalty to dental services. the administration of the Patients with disorders of institution. the musculoskeletal system, The mechanism by which a hypertension and heart decision is taken on whether disease are insufficiently to approve or not to approve monitored by the medical the need in question is not 24 CONSOLIDATED REPORT CONSOLIDATED REPORT transparent in relation to: found that the prison car in 1) hospitalization of which they arrived was not prisoners in the hospital equipped with a separate branch of the medical- compartment for tuberculosis sanitary unit in the hospital patients. Patients with XDR or other facilities within the and ordinary convicts in the system, same carriage were sent to 2) the need for serve sentences in a closed hospitalization of convicts in institution in Zavodskoy the medical facilities of the village. Convict K. complained public health system. of the rough treatment of There is concern about the escort service, a cold paddy use of the labor of patients wagon in which they stayed and prisoners suffering for more than an hour in the from tuberculosis in the cold weather. institution of ETS 166/11. However, it should be These concerns have arisen noted that despite the fact despite the fact that the that the law requires specific administration denies, and diets for convicts with relevant convicts say that they clean the diseases, the mechanism of snow voluntarily. The group their appointments is opaque. of NPMs in Akmola region According to prisoners a diet made recommendations is often used by convicts to prevent the use of labor from the category of activists beyond the legal framework. as additional benefits. And Unfortunately, the staffing convicts who have been ill table for the institution’s with tuberculosis cannot facility management services achieve the provision of has been halved. And this fact the diet. This means that cannot but affect the actions the decisions of doctors are of the administration. influenced by the staff of the During a conversation with institution. the prisoners who arrived on The rights of convicted HIV stage from the detention - infected non-residents of centre to Karaganda, it was Kazakhstan are violated, they CONSOLIDATED REPORT 25 are denied in ARV therapy. the UN Code of Conduct for This decision, in addition to Law Enforcement Officials. violating the right to life and The consequence of the health of the sickest convicts, imperfection of this and according to doctors, leads to other similar norms of the resistance and in conjunction PECs of the RK are numerous with tuberculosis causes complaints of beating and death. arbitrariness, brutality The system for the and even cruelty towards purchase of goods and prisoners in the process of materials for catering does not these events, convicted of allow timely supply of food as excessive use of force by the it is carried out at the central National Guard servicemen level by CCES. Food supply is involved in routine operations composed and organized by in the CCES institutions of the institution itself. the Ministry of Interior of the Article 98 of the PEC of the Republic of Kazakhstan. RK regulates the procedure Unfortunately, the for screening and searches situation is not improving at and mentions that “personal this time. During the search searches of convicts are activities, convicts are forced carried out by persons of to strip naked. For example, the same sex as convicts”. during the special visit by the Nothing more, concerning, Akmola group of the NPM for example, the prohibition to the colony of maximum on the excessive use of force, security of the EC 166/4 of and the rude and inhumane Atbasar city on the complaint treatment of the searched, is of the wife of the convict contained in this rule. In so T., the convict confirmed doing, it essentially provides the facts of ill-treatment on unlimited opportunities for the part of the institution's officials to search prisoners employees, pointing out and does not comply with that he was “dropped from the recommendations of the the paddy wagon”, injuring Nelson Mandela Rules and his knees, and his personal 26 CONSOLIDATED REPORT CONSOLIDATED REPORT belongings were thrown by restoring appropriate out after he made a remark, premises for the conduct and finally he was beaten. of religious rites in the All this, according to the correctional institutions. In words of the convict T., was response to last year's report, filmed on camera. However, the state body refers to article when viewing the camera by 7, part 2, paragraph 3, of the NPMM, it turned out that Law on Religious Activity and the record was preserved Religious Associations, which only from the moment of refers to the prohibition of examination of the convict worship services, religious by the doctor, who also, from ceremonies, ceremonies and the words of the convict T., / or assemblies, as well as did not render proper medical missionary activities on the attention and ignored the territory and in the premises convict's complaints of high of the: blood pressure and demands “Armed Forces, other to provide him medical troops and military assistance. This incident formations, judicial and law confirms the need to transfer enforcement bodies, other prison medicine to civilian services related to ensuring jurisdiction, to limit access public safety, protecting the to editing and interference life and health of individuals. in the memory of the DVR of However, the same article, the prison personnel, and to in paragraph 4 of this Law, strictly regulate the procedure states that for search activities. “Persons held in special The unfulfilled institutions that provide recommendations of the temporary isolation from NPM members calling society, who are in institutions for the elimination of executing punishment, who unjustified restrictions on are patients of organizations the constitutional rights of public health services that of convicts to freedom of provide inpatient care, who conscience and religion are in social care in boarding CONSOLIDATED REPORT 27 homes for the elderly and freedom of conscience and disabled, at their request or religious beliefs. And also they their relatives in the event say that the number of clerics of ritual necessity, priests in correctional institutions of religious associations increased. The Ministry of registered in accordance with Interior did not provide clear the procedure established by explanations of the reasons the legislation of the Republic for the lack of special facilities of Kazakhstan are invited.” in the CI to meet the religious We noted in the report, that needs of convicts. the ban on the construction of Modern criminological religious buildings (structures) science suggests that on the territory of institutions penitentiary institutions, and bodies executing with rare exceptions, do not penalties (part 6 of article have a corrective effect. On 13 of the PEC RK), does not the contrary, it is the first contradict the obligation to experience of deprivation create conditions for the of liberty that marks the exercising religious rites (part beginning of many “criminal 5 of article 13 of the PEC careers”, people in prison are RK). The opening of premises maladapted, lose ties with for prayers is not identical to “significant others”, work the construction of religious skills, health, and stigmatize, buildings. Obviously, if acquiring the labels these premises are available, “convicted”, “convict” (ZEK), convicts will not be able to “criminal” limiting the normal carry out religious rites in life chances after liberation. accordance with religious The criminal legislation and canons, and clerics will not practices of its application have the place required for in the republic are absurdly meetings with convicts. harsh, leading to the fact that However, the Ministry of in places of deprivation of Interior of Kazakhstan limited liberty there is a significant itself to the reference for use number of people who do by convicts of the right to not pose any danger to 28 CONSOLIDATED REPORT CONSOLIDATED REPORT other citizens. Oftentimes Amend the internal rules of these people committed the Institution, or otherwise crime under the influence of decide on an exceptional situational factors. basis, to allow convicts with In addition to the chronic diseases connected humanistic dimension of the with craniocerebral injuries, situation - the suffering of complicated forms of hundreds of thousands of polyarthritis, actually people in prison and their disabled, to sit in a sitting family members - there is position during roll calls, and an economic dimension: the also to release them from cost of maintaining, guarding, marching and standing on the treating and moving hundreds drill ground, in connection of thousands of prisoners, as with their psychophysical well as the staff of the penal state, to timely resolve the system. issue of obtaining a disability We recommend for medical reasons. Provide considering the expediency the possibility of daytime rest. of placing the interregional In this connection, the somatic hospitals(IRSH) following recommendations in cities where medical were developed: universities are located and lack of personnel is not 1) Given the importance of the as acute as in the city of new UN Standard Minimum Stepnogorsk (Karaganda, Rules for the Treatment of Astana, or Almaty). Prisoners ("Mandela Rules") Conduct an independent adopted on May 21, 2015 medical examination of the in the formation of the convicts for the presence of modern appearance of the mechanical injuries received criminal executive system in the last three years, paying of Kazakhstan and its special attention to external development, it is advisable signs, for example, traumatic to develop a mechanism for spine injuries, persons using the implementation of the crutches as assistance. Mandela Rules in activities CONSOLIDATED REPORT 29 of the institutions and bodies 5) Considering the importance executing punishment in the of medical care and attracting form of deprivation of liberty; qualified specialists in the field of medicine to the activities 2) To carry out activities to of providing medical services train the staff of institutions to convicts, to develop a in the implementation mechanism for involving mechanism of the Mandela doctors and other medical Rules and the provisions of personnel of civilian health the executive enforcement by encouraging their work, legislation of Kazakhstan in providing various benefits and the field of the prevention of increasing wages, equating torture and cruel, degrading working days in the CI to night treatment and punishment; duty and work on weekends 3) Conduct seminars in the and holidays; training format on effective 6) Ensure the confidentiality of interaction of CI staff and the introduction and storage of NPM members; medical records in the CI, and 4) Taking into consideration continue to work on creating the decision of the Security access for convicts held in CI to Council of the Republic of civilian health services; Kazakhstan of 25.05.2011 7) In order to increase the on the construction of new effectiveness of the prevention correctional facilities with of torture and ill-treatment, chamber type rooms, it is ensure that convicted necessary to continue the persons have legitimate activity on the modernization access to the Internet, as well of housing complexes for the as the possibility of using maintenance of convicts, repair videoconferencing links, "Skype sanitary units, expand sleeping technologies" that promote places and provide conditions greater "transparency" of the for normal social living conditions of convicts; conditions of convicts in places of deprivation of liberty; 8) Considering the social importance of the 30 CONSOLIDATED REPORT CONSOLIDATED REPORT constitutional right to freedom to criminal prosecution for of conscience and religion and expressed opinions and its role in the prevention of assessments related to the torture and ill-treatment, and performance of his activities"; in the implementation of the 11) To exclude the possibility re-socialization of convicts, of conferring disciplinary consider the abolition of the and other authority to some prohibition of the functioning convicted over other convicts of premises for the conduct with the knowledge of the of religious ceremonies in the administration of the CI; detention facility and inviting clergymen from traditional 12) Refuse from putting metal religions of Kazakhstan; separating gratings in special cabinets in the CI intended 9) Considering the high risk for confidential conversation of torture and ill-treatment between NPM members and during the conduct of searches convicted. The management and examinations of convicts, of the MoI of the Republic as well as in the conditions of Kazakhstan to design a of their transfer, provide for model reception room, where videotaping the actions of the convicted meet with NPM officers of the CI who search members; and / or inspect convicts and accompany them in the 13) Develop programs process of transfer; for the provision of social psychological, victimological, 10) Supplement article 42 legal assistance to convicts of the PEC of the RK on the who become victims of torture rights of NPM members, and introduce them into part 3, to read as follows: "... the penitentiary system of NPM member is not subject Kazakhstan. CONSOLIDATED REPORT 31

Persons in pre-trial detention Committee on the Penal Correction System of the Ministry of Internal Affairs, Republic of Kazakhstan (KUIS of MIA RK) 3 Prepared by: Idigeeva Gulnur Ergazievna 32 CONSOLIDATED REPORT CONSOLIDATED REPORT Pre-trial detention/ General Assembly Remand centres are pre-trial 2) Kazakh Law No.353-I on detention centres for the Procedures and Conditions accommodation of suspects for the Custody of Persons in or accused persons for whom Special Temporary Detention custody has been prescribed Centres, 30 March 1999 as a preventive measure, (amended as of 03.07.2017) or detainees – suspects or accused - assigned to a prison 3) Criminal Procedure Code under the facility-related of the Republic of Kazakhstan work procedure established was approved by the Kazakh by Article 88 of the Criminal law No. 231-V,4 July 2014 Executive Code/CEC(Kazakh (amended as of 12.12.2017); Law on Procedures and 4) Order No. 314 of the Conditions for the Custody of Minister of Foreign Affairs of Persons in Special Temporary the Republic of Kazakhstan, 7 Detention Facilities, Article April 2015 on Approval of the 2). Rules for Providing Medical The following acts/laws Care to Persons Subjected to regulate pre-trial detention/ Restriction of their Liberty, and remand centres’ functioning: to Persons Serving Sentences 1) The United in Places of Deprivation of NationsStandard Minimum Liberty Pursuant to Court Rules forthe Treatment of Judgements, Persons Placed in Prisoners(the Nelson Mandela Special Facilities (amended as Rules) were first adopted of 02.11.2017) at the first United Nations 5) Decision of the Government Congress on the Prevention of of the Republic of Kazakhstan Crime and the Treatment of No. 1255 of 28 November Offenders, held in Geneva in 2014 on Approval of 1955, and were revised on 17 Nutritional Requirements December 2015 and adopted and Living Conditions for as the Nelson Mandela Rules Convicted Persons, Suspects at the 70th session of the UN CONSOLIDATED REPORT 33 and Accused Persons and (hereinafter referred to as Children in Institutions of Order GP No. 104). the Penal Correction System, 8) Construction Norms of and Samples of Uniforms for the Republic of Kazakhstan Suspects and Accused Persons, 02-24-2014 DESIGN OF and the Rules on Provision of PRE-TRIAL DETENTION Free Travel, Food or Money CENTRES// Order No. 156- to their Place of Residence or НҚ of the Committee for Work for Persons Discharged Construction, Housing, from Serving their Sentence Utilities, and Land of Short-term Rigorous Management at the Kazakh Imprisonment or Deprivation Ministry of National Economy of Liberty (amended as of dated 29.12.2014 (hereinafter 10.11.2016); referred to as CN RKCN RK 6) Order No. 505 of the 3.02-24-2014). Minister of Internal Affairs of 9) Order No. 1122 of the the Republic of Kazakhstan Minister of Internal Affairs of of 26 July 2017 on Approval the Republic of Kazakhstan of of Internal Regulations of 2 December 2016 on Approval the Remand Centres of the of Rules of Transfer of Suspects Committee on the Penal and Accused Persons; Correction System of the Ministry of Internal Affairs of During the first six months the Republic of Kazakhstan of 2017, in Kazakhstan 5,726 7) Order No. 104 of the persons were reported to be Prosecutor General of the housed in pre-trial detention Republic of Kazakhstan of centres. The analysis of the 13 September 2017 on number of pre-trial detention Approval of Instructions on centres population shows the Procuratorial Oversight over decline of this category of Legality of Penal Sanctions detainees compared with the Execution and Application last year which is a positive of Other Coercive Measures tendency. 34 CONSOLIDATED REPORT CONSOLIDATED REPORT

Visits of NPM participants to PTDC by regions in 2017 *special visits CONSOLIDATED REPORT 35 In 2017, they made 31 2016: 15 periodic, 12 interim, visits: 12 periodic, 12 interim, 6 special visits, the number of 7 special visits. visits is practically equal. Compared with 33 visits in Living conditions (accommodation)

International Standard National Standard

All accommodations Administration in the provided for the use of places of deprivation of liberty prisoners and in particular shall establish a healthy and all sleeping accommodations safe environment to meet shall meet all requirements all hygiene, sanitary and fire of health, due regard being safety requirements1. paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation1.

According to the norms According to CEC RK the established by the European standard living space for Committee for the Prevention one convicted or accused of Torture, every inmate in person shall not be less multi-occupancy cells shall than 2m2 in correctional have the area of 4 m2, and institutions; 2.5m2 in 6m2 for inmates in single cells. prisons; 3m2 in colonies for women; 3.5m2in juvenile correctional institution; 3.5m2 in correctional institutions exercising medical treatment2.

1. On Procedures and Conditions for the Custody of Persons in 1. The United Nations Standard Minimum Rules for the Special Temporary Detention Facilities Treatment of Prisoners, para. 13 2. The Criminal Executive Code, RK, Art. 115 36 CONSOLIDATED REPORT CONSOLIDATED REPORT

The different categories The following requirements of prisoners shall be kept in shall be followed when separate institutions or parts accommodating the accused of institutions, taking account persons or suspects in cells: of their sex, age, criminal 1) separate accommodation record, the legal reason shall be provided for: for their detention and the Men and women; necessities of their treatment; Minors and adults, unless thus: when persons aged 18 or over (a) Men and women shall may be kept in the same cells so far as possible be detained as minors, provided that they in separate institutions; in an are of good character, and are institution which receives both charged with the first offence; men and women, the whole Persons who are of the premises allocated charged with the first offense to women shall be entirely and repeat offenders; separate; Suspects, accused (b) Untried prisoners persons separately from shall be kept separate from suspects and accused persons, convicted prisoners; whose sentences are not yet (c) Persons imprisoned for enforceable; debt and other civil prisoners Suspects and accused shall be kept separate from persons who have been persons imprisoned by reason charged in the same case or in of a criminal offence; a number of interrelated cases; (d) Young prisoners shall be Special requirements for kept separate from adults2. accommodation of women in A decision to allow a child custody: to stay with his or her parent 1. Women-suspects and in prison shall be based on accused women are allowed to the best interests of the child keep a child under 3 years old. concerned. Where children are 2. Pregnant women or women with children in 2. The United Nations Standard Minimum Rules for the Treatment of Prisoners, para. 11 CONSOLIDATED REPORT 37 allowed to remain in prison custody shall be provided with with a parent, provision shall better living conditions; be made for: 5. If required, the (a) Internal or external administration in places childcare facilities staffed by of deprivation may, in qualified persons, where the accordance with the children shall be placed when established procedure, apply they are not in the care of their for the temporary transfer of parent; a child to relatives or other (b) Child-specific health- persons or for the placement care services, including health of the child in a children's screenings upon admission institution3. and ongoing monitoring of their development by specialists3. 11. In all places where prisoners are required to live or work: (a) The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation; (b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight4

3. The United Nations Standard Minimum Rules for the Treatment of Prisoners , para. 29 4. The United Nations Standard Minimum Rules for the 3. On Procedures and Conditions for the Custody of Persons in Treatment of Prisoners, para.14 Special Temporary Detention Facilities 38 CONSOLIDATED REPORT CONSOLIDATED REPORT The majority of overhaul is needed. The sewer accommodation buildings are and water supplies require two-storey facilities with cells. repair in all correctional Cells are typically equipped facilities both at the unit level with a solid metal door and and countrywide. barred windows. (Almaty, Jambyl province, There are metal blinds, Aktobe, Karaganda (partially), and no light could penetrate. Pavlodar, North Kazakhstan The cells are badly in need of province) repair. In many facilities the No special conditions for plaster went off the walls, persons with disabilities are wooden floors are rotten with available in pre-trial detention gaps. Wind blows through centres (PTDCs), which means old window frames. Cells that the rights of persons with are equipped with metal disabilities are not observed in bunk-beds. The facilities PTDCs, there are no auxiliary and community service areas aids, or special means of travel do not meet international for persons with disabilities standards, and a major who are kept in PTDCs.

Almaty province LA155/16 CONSOLIDATED REPORT 39 Cell equipment Cells do not meet CN 12 persons are not equipped RK 3.02-24-2014, para. with a table and benches with 5.4.2.9.2., which provides the appropriate number of for construction norms seats to cover the needs of stipulating that all cell inmates. Tables and benches equipment (beds, tables, in these cells do not allow all benches and stools) shall be the inmates to take food at securely fixed to the floor or the same time, because they the walls by welding to special can serve only 6-8 persons fixtures. Sharp corners in (less than 40cm per person on the cell equipment shall be the bench) rounded. In violation of article (Almaty, Aktobe, Astana, 54 (1) of Internal Rules, PTDCs Kostanai, North Kazakhstan cells with population over province)

Sanitary conditions

International Standard National Standard

The sanitary installations Administration in detention shall be adequate to enable facility shall provide suspects every prisoner to comply with and accused persons the needs of nature when conditions that meet hygiene, necessary and in a clean and sanitary and fire safety decent manner1. requirements1.

Adequate bathing and Sauna/bath or barber/ shower installations shall be hairdresser visits are four times provided so that every prisoner a month from 9am to 6pm can, and may be required to, have a bath or shower, at a temperature suitable to 1. On Procedures and Conditions for the Custody of Persons in 1. The Nelson Mandela Rules, Rule 12.15 Special Temporary Detention Facilities 40 CONSOLIDATED REPORT CONSOLIDATED REPORT the climate, as frequently as necessary for general hygiene according to the season and geographical region, but at least once a week in a temperate climate2.

In order that prisoners may maintain a good appearance compatible with their self- respect, facilities shall be provided for the proper care of the hair and beard, and men shall be able to shave regularly3

Every prisoner shall, Suspects and accused in accordance with local persons in custody shall have or national standards, be the right to use their own provided with a separate bedding, and other items and bed and with separate and things listed in the Internal sufficient bedding which shall Rules2. be clean when issued, kept in good order and changed often enough to ensure its cleanliness4.

2. The Nelson Mandela Rules, Rule 13.16 3. The Nelson Mandela Rules, Rules 15, 16.18 2. On Procedures and Conditions for the Custody of Persons in 4. Nelson Mandela Rules, Rules 17, 19.21 Special Temporary Detention Facilities CONSOLIDATED REPORT 41 Bedding and bed-clothes several facilities need to be availability replaced. In several The conclusions followed facilities, bowls of all NPM groups’ visits proved Genoain cells are not that there were no violations covered with lids, walls of the law regarding provision are 1m high, which creates of beddings and bed-clothes degrading conditions and do to persons in custody. Bed not meet the needs of nature, sheets are changed every moreover, the flushing tap 7 days according to the is located outside the floor schedule. toilet. The sanitary equipment and the floor around it need Sanitary installations repairing in some facilities. Monitoring outcomes Thus, urgent cell repairs are showed that the requirement required. for every prisoner to be enabled to comply with Sanitary Surveillance the needs of nature when (sanitary condition of the necessary and in a clean and facilities, disinfection, decent manner was exercised disinsectization) in absolute understanding, Ventilation equipment is however, sanitary units in lacking in all cells, causing

Kyzylorda province ZK/ЗК- 169/1 42 CONSOLIDATED REPORT CONSOLIDATED REPORT acrid smell of dampness and Lower air temperature was fungus on the walls, and detected in cells. (Almaty, moisture. Windows in several Aktobe, Astana, Kostanai, cells do not open and are North Kazakhstan province, covered with polyethylene. Kyzylorda) Nutritional Conditions.

International Standard National Standard

The Nelson Mandela Rules The Decision of the provide that every prisoner Government of the Republic shall be provided by the prison of Kazakhstan No. 1255 administration at the usual of 28 November 2014 hours with food of nutritional № 1255 on Approval of value adequate for health and Nutritional Requirements strength, of wholesome quality and Living Conditions for and well prepared and served. Convicted Persons, Suspects and Accused Persons and Children in Institutions of the Penal Correction System, and Samples of Uniforms for Suspects and Accused Persons, and the Rules on Provision of Free Travel, Food or Money to their Place of Residence or Work for Persons Discharged from Serving their Sentence of Short-term Rigorous Imprisonment or Deprivation of Liberty make a provision for the national nutritional norms CONSOLIDATED REPORT 43

Drinking water shall be According to CEC RK the available to every prisoner standard living space for whenever he or she needs it 1. one convicted or accused person shall not be less than 2m2 in correctional institutions; 2.5m2 in prisons; 3m2 in colonies for women; 3.5m2in juvenile correctional institution; 3.5m2 in correctional institutions exercising medical treatment1.

Article 11 of International The National legislation Covenant on Economic, Social stipulates that free food shall and Cultural Rights recognizes be provided to convicted and the right to adequate food as accused persons2 a component of an adequate standard of living for everyone. Article 11 (2) of the Covenant stipulates that the States Parties to the present Covenant, recognize the fundamental right of everyone to be free from hunger.

1. CEC RK, Art.115 2. On Procedures and Conditions for the Custody of Persons in 1. The Nelson Mandela Rules. Special Temporary Detention Facilities, Art. 16 44 CONSOLIDATED REPORT CONSOLIDATED REPORT

Convicted and accused persons kept in pre-trial detention centres can: 3) buy food products…in a detention facility store (kiosk) or in the trade network via administration of custodial facilities

Number of meals and food Government Decision No. quantity 889 of 2 September 2003 Meals are served according on the norms relating to to the schedule. free meals for suspects and Food shall be provided accused persons, including based on the following pregnant women and women norms: 400 KZT for suspects with children, category I and II or accused persons (norm disabled persons, and minors, No. 5); 604 KZT for remand and nutritional standards and prisoners (norm No. 1); 740 living conditions for convicted KZT for dietary food for persons. persons with somatic illnesses In general, significant (norm No. 8); 966 KZT for TB improvement of nutrition patients (norm No. 7). There for the facility inmates was is a kitchen, food products recorded. The number of and vegetable warehouse. complaints related to the food Dairy products and juices are quality reduced compared refrigerated. Food products with the previous year. are procured through the However, attention must portal via state order. be paid to the cooking room Three times a day meals conditions: temperature, are cooked in the appropriate humidity, obsolete equipment room in this facility, pursuant requires repairing or to the norms for free meals replacement in order to for suspects and accused provide its smooth persons stipulated in the operation. CONSOLIDATED REPORT 45

Almaty province LA/ЛА-155/16 Medical service

International Standard National Standard

The Nelson Mandela Rules The Kazakh Constitution describe in detail principles provides for the right for of health-care professionals everyone to health care in correction facilities and and stipulates that the provide that a physician shall concealment by officials of see, talk with and examine facts and circumstances which every prisoner as soon as pose a threat to the life and possible following his or her health of people shall result in admission and thereafter as liability according to the law1 necessary, in order to identify health-care needs; any signs of psychological or physical stress and take all necessary measures for treatment; in cases where prisoners are suspected of having contagious diseases, provide for the clinical isolation. The physician or competent public health body shall 1. Constitution of the Republic of Kazakhstan adopted at the national referendum on 30 August 1995 46 CONSOLIDATED REPORT CONSOLIDATED REPORT regularly inspect and advise the prison director on: (a) The quantity, quality, preparation and service of food; (b) The hygiene and cleanliness of the institution and the prisoners; (c) The sanitation, temperature, lighting and ventilation of the prison; (d) The suitability and cleanliness of the prisoners’ clothing and bedding; (e) The observance of the rules concerning physical education and sports, in cases where there is no technical personnel in charge of these activities1

The Body of Principles Medical care to persons provides that a proper medical who are held in correctional examination shall be offered institutions (hereinafter to a detained or imprisoned referred to as CI), special person as promptly as institutions (pre-trial detention possible after his admission centres (hereinafter referred to the place of detention or to as PTDC), including foreign imprisonment, and thereafter citizens and stateless persons medical care and treatment shall be provided within the shall be provided whenever listed free medical services necessary. This care and available to Kazakh citizens, as well as types of licensed 1. The Nelson Mandela Rules, Rules24, 26.35 CONSOLIDATED REPORT 47 treatment shall be provided medical care. free of charge2. Medicine/medication for emergency, inpatient care and inpatient medical care within the listed free services shall be stamped by the relevant institution, indicating the facility title, address and the note ‘Free of Charge»2.

When specialized in- patient care is required, CI The fact that a detained or and PTDC patients shall be imprisoned person underwent transferred to local public a medical examination, the health organizations, where name of the physician and the they provide secure rooms results of such an examination equipped with portable shall be duly recorded3 security3

2. Art.31 Rules for Providing Medical Care to Persons Subjected to Restriction of their Liberty, and to Persons Serving Sentences in Places of Deprivation of Liberty Pursuant to Court Judgements, Persons Placed in Special Facilities 2. Body of Principles for the Protection of All Persons under 3. Art.34 Rules for Providing Medical Care to Persons Any Form of Detention or Imprisonment, Principle 24. Subjected to Restriction of their Liberty, and to Persons Serving 3. Body of Principles for the Protection of All Persons under Sentences in Places of Deprivation of Liberty Pursuant to Court Any Form of Detention or Imprisonment, Principle 26. Judgements, Persons Placed in Special Facilities 48 CONSOLIDATED REPORT CONSOLIDATED REPORT PTDC’s medical units Another pressing issue is are equipped with modern accommodation of women devices: ultra-sound scan, with children in PTDCs, and microscope, ECG recorder, child’s access to healthcare ultrasonic nebulizer, X-ray services. For instance, they and dentist equipment. met a woman with a newborn Common laboratory tests baby in the facility during can be carried out, and a visit. The NPM group sputum VBK testing. More interviewed the woman and complex tests (biochemical found out that the baby did blood assay) are carried out not receive any vaccination in different clinics based on since he was born (Pavlodar). agreement. There was also a shortage In general, there are of medical staff, and shortage many complaints regarding of medications listed as a free the quality of medical care, medical care. in particular, there were According to grievances regarding failure administrations, medical to provide care for complaints staff shortage was due to of malaise, or cases of late special work conditions with dispensing of medicines suspects or accused persons, (Almaty, Jambyl, Aktobe). as well as low salaries. Exercising statutory rights.

The right to information

International Standard National Standard

The Nelson Mandela Rules Suspects and accused stipulate provision to every persons while in places of prisoner written information deprivation of liberty have the about the prison law and right to: 1) receive information applicable prison regulations; on their rights and obligations, procedures for making prison law, disciplinary rules, CONSOLIDATED REPORT 49 requests or complaints; his proposals, applications, or her obligations, including complaints submission applicable disciplinary procedures sanctions; and all other matters necessary to enable the prisoner to adapt herself/ himself to the life in prison. If a prisoner is illiterate, the information shall be conveyed to him or her1.

The Body of Principles provides that any person shall, at the moment of arrest and Suspect has the right to: at the commencement of 1) receive information detention or imprisonment, on and an explanation of or promptly thereafter, be his rights from the person provided by the authority responsible for his/her arrest; responsible for his arrest, 2) the reasons for the detention or imprisonment, arrest/what he/she is respectively with information suspected for; on and an explanation of his 3) request for the lawyer rights and how to avail himself either himself or through his of such2. relatives or trustees. If the lawyer is not requested by the suspect, or his relatives or trustees, the prosecution body shall engage the lawyer according to procedures stipulated in Article 67 of CPC1

1. The United Nations Standard Minimum Rules for the Treatment of Prisoners (hereinafter referred to asThe Nelson Mandela Rules), 1955, Rule 35 (1). 2. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment). 1. Art. 64, RK Criminal Procedure Code 50 CONSOLIDATED REPORT CONSOLIDATED REPORT

A person who does not adequately understand or speak the language used by the authorities responsible for his arrest, detention or imprisonment is entitled to receive promptly in a language which he understands3.

The UN Basic Principles on the Role of Lawyers stipulate that Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence4.

3. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 14. 4. UN basic principles related to the role of attorneys, Principle CONSOLIDATED REPORT 51 Many PTDCs have on serving a sentence; similar information on the rights and picture was observed in obligations of PTDC inmates, Jambyl Province PTDC. It is including internal regulations, important that they are aware displayed on the cell walls. of their rights and obligations, PTDC population are which they currently do not aware of reasons and grounds know. for their placement in the Legal aid and counseling facility, and the duration of are insufficient. Walks are detention. provided on a daily basis in However, there are special areas, walk duration exceptions, thus in LA/ЛА is at least one hour (upon 155/16, Almaty province consent). during interviews with Not all exercise yards are detained persons, NPM equipped with benches or group members received shelters against precipitation. complaints from convicted The doors of exercise yards persons or persons awaiting are similar to the cell ones, for judgement that they but without small windows. cannot receive explanation Right for receiving parcels

International Standard National Standard

Nelson Mandela 's Rules The suspect and the provide the prisoners with a accused are entitled to receive possibility of receiving food parcels and packages in the from outside at their own manner prescribed by law1 expense, either through family members or through their friends1

1. Art.16 On Procedures and Conditions for the Custody of 1. The Nelson Mandela Rules, Rule 87 Persons in Special Temporary Detention Facilities 52 CONSOLIDATED REPORT CONSOLIDATED REPORT There were no complaints members is available. The about violation or restriction visits shall be made according on receipt of parcels on part to the requests in consultation of the detainees. Receipt with the administration of of parcels from the family the institution. Detainees members shall be carried have the opportunity to send out daily, according to the correspondence, through the schedule, at the request of duty officer, who shall forward the family members. Properly all appeals, complaints to the equipped visiting room for special department of the meeting with the family PTDC. Right to listen radio, watch TV, read newspapers, magazines

International Standard National Standard

International standards The accused have the right provide for the need to to listen radio programs in bring to the attention of their spare time when they are prisoners the most important not involved in compulsory news, providing them with mass activities, except for an opportunity to read the time set aside by the newspapers, magazines or institution for sleep. other publications, to listen radio programs1.

The Summary of Principles provides for the right of detainees or of the imprisoned persons to receive in reasonable numbers, if from public sources, the information materialцs within the available

1. The Nelson Mandela Rules, Rules 37, 39. CONSOLIDATED REPORT 53 funds, subject to reasonable terms ensuring security and2 order in the locations of detention or imprisonment.

Prisoners should be regularly informed about the most important news, allowing them to read newspapers, magazines or special prison publications, listen radio programs and attend lectures, or through any other means allowed and controlled by the administration3.

In general, the inspection subscription, the accused of the premises has shown the shall apply with a request presence of radio receivers to the head of the PTDC. and newspapers. However, Person who has expressed a it is not all the time that the desire to subscribe, at his/her radio receivers are in working expense shall be provided condition, so it turned out with the subscription forms that in some detention cells and delivery cards. The the radio receivers were registration of a subscription not functioning (Almaty). in the Communication The accused are entitled to Department should be made subscribe to newspapers by the PTDC officer at the and magazines distributed expense of the funds of the through the liaison offices of accused, on his/her personal the Republic of Kazakhstan. account. The subscription For registration of the shall be redirected at the expense of the subscriber

2. Summary of Principles, Principle 28 upon his/her written request 3. The Nelson Mandela Rules for treating the prisoners 39 54 CONSOLIDATED REPORT CONSOLIDATED REPORT with the permission of the his relatives or other persons. administration of the PTDC. The number of publications Subscription can be made in that can be subscribed shall the name of the accused by not be limited.

Library

International Standard National Standard

Each institution must The persons under have a library available to all investigation, at a certain categories of prisoners with time of a day, have the right the books of both entertaining to use the library, the table and educational content. games, musical instruments, All prisoners should be periodicals and literature, encouraged to use the library1. procured on the account of the funds available at the controlled temporary cash accounts, as well as religious literature if the positive opinion of the religious expert has been obtained.

Familiarization with the the library are given upon library fund in all institutions the request and delivered has shown the sufficient to the detention cells of the availability of fiction books, institution, including the legal and religious literature. local compounds. Religious In the institutions, there are literature shall be permitted libraries with a number of only with the approval of books accounting to at least theologians. In the book 2,000 copies of books. City collections, in addition to the newspapers are available fiction books and specialized as periodicals. Books from literature, there are periodicals in form of national 1. The Nelson Mandela Rules, p.40 CONSOLIDATED REPORT 55 and local newspapers in the know about their rights and state and Russian languages. responsibilities, which they There are also negative are not aware of. The legal aspects. For instance, when aid and advice in the West the National Preventive Kazakhstan Province is Mechanism Group visited the inadequate. PTDC in the West Kazakhstan Sports equipment in the Province, the detainees territories of the institutions complained that they could is not provided. There are no not get an explanation about gyms. In the yards of some them serving their sentence. PTDCs, the horizontal sport It is important for them to bars are available. Physical Culture and Sports

Daily walks

International Standard National Standard

All prisoners who are not Walks of the persons engaged in outdoor works, under investigation shall have the daily right for at take place in the daytime least an hour of proper at a specially equipped exercises in the yard, if the part of the territory of the weather permits it1. institution1.

Sports equipment in the gyms. In the yards of some territories of the institutions PTDCs, the horizontal sport is not provided. There are no bars are available.

1. The Nelson Mandela Rules, Rule 21. 1. Article 111. Walks. Penal Enforcement Code RK 56 CONSOLIDATED REPORT CONSOLIDATED REPORT Filing complains

The right to file complain

International Standard National Standard

According to international According to national standards, every detained legislation, convicts have person has the right appeal the right to issue oral to central prison authorities, and written proposals, judicial authorities or other applications and complaints competent bodies with to the administration of the requests or complaints that institution or body executing are not subject to censorship punishment, to their in terms of content and higher authorities, court, transmitted through prosecution authorities, prescribed channels to the other state bodies and central prison administration, officials, public associations, judicial authorities or other and also international bodies. Complaints and organizations for the requests should be subject protection of human rights to urgent review and should and freedoms in accordance be answered without undue with the legislation of the delay1 Republic of Kazakhstan1.

Every detainee has the right to communicate freely and confidentially with persons visiting the places of detention, under reasonable conditions necessary to ensure security and order in such places2

1. The Nelson Mandela Rules, Rule 35 (3), (4). 2. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 29 (2). 1. Article 10. Basic Rights of Suspects and Accused REC RK CONSOLIDATED REPORT 57 The Nelson Mandela rules provide for the right of every inmate to contact director of the institution or authorized employee during weekdays with applications and complaints. During inspections, detainees should be given the opportunity to file complaints or appeals to prison inspectors in the absence of staff. Every inmate should be able to appeal to central government authorities, judicial authorities or other competent bodies with applications or complaints that should be sent via established channels without censorship3.

"All interviewed detainees sent after review censorship, said that their complaints but none of the detainees do not reach the addressee. received any response, or They write letters to various they were not acquainted authorities, but do not even with responses"- (Almaty) get receipts. In other institutions, there It becomes obvious that are no violations of this right detainees are restricted in their right to appeal for protection. It might be that some of the applications are

3. The Nelson Mandela Rules, Rule 36 para.1, 2, 3. 58 CONSOLIDATED REPORT CONSOLIDATED REPORT The right to practice one's religion

International Standard National Standard

The Universal Declaration The Constitution of the proclaims that everyone has Republic of Kazakhstan right to freedom of thought, prohibits discrimination on the conscience and religion, basis of religion, guarantees which includes the freedom everyone freedom of to practice one's religion and conscience1 and religion perform religious and ritual ceremonies1.

The ICCPR establishes Suspect or accused is that the right to freedom guaranteed the right to of thought, conscience and freedom of conscience and religion is subject only to religion. Worship is voluntary2. restrictions established by law and necessary to protect public safety, order, health and morals, as well as the fundamental rights and freedoms of other persons2.

In accordance with the At the request of the Standard Minimum Rules, persons under investigation or every prisoner should be their relatives, in case of ritual able to meet her/his religious necessity, priests of religious needs to the possible limits, associations registered in participating in religious rites accordance with the legislation within the walls of institution of the Republic of Kazakhstan and having at his disposal should be invited. religious writings specific to The administration of the 1. Article 22. RK Constitution 1. Article 18. Universal Declaration of Human Rights. 2. Article 13. Provision of the right of suspects and accused to 2. ICCPR, Article 18 para.1, 3. freedom of conscience and religion, PEC RK CONSOLIDATED REPORT 59 his religion. It is necessary to institution or body executing respect religious beliefs3. punishment should create conditions for the performance of religious rites, as well as ensure the personal security of the clergy3.

The issue of observing the violence and humiliation of right of suspects or accused human dignity. Many of them persons to worship is have not even heard of such always connected to certain documents. Teaching and difficulties. educative plan for employees But in some institutions do not include topics of these rights are banned. counteracting torture, Employees do not explain violence and humiliation based on what normative of human dignity. The document the ban on worship institution’s management has been executed, explains this by the fact of but no inmate has the right new employees and plans to worship on the territory of drawn up by the previous the institution. In the majority administration"(Zhambyl of the PTDCs there are no region). specially allocated worship In other regions, NPM premises. groups note that in the Worshiping in cells is not framework of martial and forbidden. service staff training, sessions Preserving human dignity on topics of counteracting "A survey of individual torture, humiliating human employees reveals that dignity conducted regularly, respondents are not familiar according to the schedule. with legal acts in the sphere Institution’s staff of preventing torture, members are familiar with

3. Article 13. Provision of the right of suspects and accused to 3. The Nelson Mandela Rules, Rules 6, 42. freedom of conscience and religion, PEC RK 60 CONSOLIDATED REPORT CONSOLIDATED REPORT the requirements of the UN - unsanitary, and require Standard Minimum Rules for major reparation. Artificial the Treatment of Prisoners ventilation in living blocks (Nelson Mandela Rules). is still out of order. Artificial Majority of employees know lighting is in unsatisfactory norms of the RK criminal condition in majority of enforcement legislation. visited places, no uniformity According to detainees in lighting conditions. of PTDC in Jambyl region, In some institutions there the institution continues the are old buildings, where not practice of intimidation by all premises are used due to practicing routine searches. poor state (some posts are According to respondents, put on hold). Old facilities there are days when cell need to be written off and is searched 2-3 times with demolished. no reasons. Often such Recommendations procedure is accompanied 1. To prepare cells for by humiliation and insults, winter, closing the cracks personal items are being in the window frames and thrown around the floor are floors. trampled on, expressions 2. Eliminate violations such as "Hey! You! Grandma! in ensuring sanitary and Baryga! Scam!" used towards epidemiological well-being: elder persons, including check water pipe condition, women. Similarly rude repair leaking faucets, get rid treatment reported in the of rust. PTDC of Aktobe. 3. Regional criminal- executive system 1. Living conditions departments should provide all possible support to the Conclusions initiatives of the institutions’ The general condition of administrations to improve the premises in majority of the sanitary, hygienic and institutions, including cells living conditions and cells CONSOLIDATED REPORT 61 aesthetics, improve energy the Sentence of Arrest" dated efficiency of the institution's July 26, 2012. №504. facilities, save water resources; 2. Nutrition conditions 4. To organize inspection and execution of disinfection Conclusions measures to combat Conditions in some cockroaches in the cells, facilities where food is paying special attention to prepared are unacceptable: the detainees’ health; strong draft, high humidity, 5. Administrations of metal ceiling where moisture institutions should install condenses and falls on the drain tanks in the cells’ toilet cooked food. The equipment area. needs major repair or 6. Rule 12 of the UN replacement. The electric Standard Minimum Rules for cooker does not work at the Treatment of Prisoners full capacity affecting food - "Sanitary facilities should quality. be sufficient to ensure that needs of every prisoner Recommendations could be met in clean and 1. Regional criminal- decent environment." In all executive system cells, the sanitary unit is to departments should pay be separated with partition special attention to the of 140 cm height from the conditions in the cooking area floor level of the sanitary of subordinate institutions: unit, in accordance with temperature, humidity, Annex 8 of the Order of the absence of condensation Minister of Internal Affairs of on the ceiling and draft, the Republic of Kazakhstan and also take measures to repair or replace outdated "On Approval of Rules for equipment in order to the Organization of Activities ensure their uninterrupted and Internal Regulations of operation. Take measures to Special Institutions Executing repair or replace outdated 62 CONSOLIDATED REPORT CONSOLIDATED REPORT cooking equipment and bring of necessary medications. the ventilation system into The rights of persons for working condition. regular medical examinations 2. Ensure shower room in by narrow specialists in PTDC the nutrition unit, according are violated. to the Natural Norms No. 13 of furniture, instruments and Recommendations equipment for the facilities 1. To MPs of the Majilis of mixed security institutions of the RK Parliament: (PTDC) approved by the initiate systemic changes in Government of the Republic the field of medical care in of Kazakhstan on November penal enforcement system: 28, 2014 No. 1255. the withdrawal of penal 3. Provide a wall- enforcement system medical hanger for towels with the care from the subordination appropriate number of towels of the Ministry of Internal in utility rooms of nutrition Affairs of the Republic of unit, according to the Natural Kazakhstan to the Ministry of Norms No. 13 of furniture, Healthcare of the Republic of equipment instruments and Kazakhstan. equipment for the premises 2. Recommend of mixed security institutions leadership of the regional (PTDC) approved by the criminal-executive system Government Decree No. departments of DIA MIA for 1255 of November 28, 2014 the WKO and РГУРУ170/1 to ensure timely and qualified 4. Medical care medical assistance to the suspect or accused in line Conclusions with requirements of the Order No. 314 of the Minister The state of medical care of Internal Affairs of the of detainees still needs to be Republic of Kazakhstan dated improved. This is confirmed April 7, 2015, “On Approval by complaints about the of the Regulations for quality of care and the Providing Medical Assistance attitude of medical personnel. to Citizens, subjected to There are complaints about restriction of liberty, as well inadequate medical care, lack as serving court sentences, CONSOLIDATED REPORT 63 placed in special facilities”. institution’s cells. 3. Recommend leadership of the regional Recommendations criminal-executive system 1. In accordance with departments to take urgent paragraph 1. Article 32 of measures to provide the the Law of the Republic of PTDC medical units with a full Kazakhstan “On the Procedure staff of medical personnel. and Conditions of Detention 4. Recommend of Persons in Special Facilities leadership of the regional Providing Temporary Isolation criminal-executive system from Society” No. 353 to departments to take ensure, as far as possible, emergency measures to separate accommodation of provide the subordinate non-smokers and smokers in institutions with necessary the cells; medicaments. 1. To the management of 5. Require part-time regional criminal-executive doctors to comply with system departments in contractual obligations for accordance with par. 13.4 the regular appointments for and par. 26.3 of the UN PTDC detainees, ensuring Standard Minimum Rules regular medical examinations for the Administration of by narrow specialists. Juvenile Justice (the “Beijing Rules”) - it is recommended 5. Realization of rights that the juvenile detainees be provided for by law immediately separated from adults. Conclusions 6. Communication with Virtually in all PTDCs the outside world minors are placed with adults, due to the absence of a Conclusions separate facilities, section or Almost all institutions floors of the regime facilities. have implemented It should be also noted that recommendations on smoking and non-smoking the provision of radio persons accommodated broadcasting. There are together in almost all the libraries, periodicals in 64 CONSOLIDATED REPORT CONSOLIDATED REPORT institutions. Newspapers 3. Work out a system for received weekly. receiving applications and informing detainees about There were no complaints the further procedures of her/ about violation of the his complaint or application. requirements of the legislation 4. Design and publish in matters of ensuring the brochures with information access to periodicals and on rights and duties of table games, unreasonable detainees. prohibitions on the transfer of food and basic necessities to 7. Physical culture detainees. and sports

However, in the West- Conclusions Kazakhstan region and Sports equipment is not Almaty region there were provided on the territories few issues, detainees of institutions. There are no complained that they could gyms. Horizontal bars are not get an explanation on the installed in yards of several issues of sentence serving. PTDCs. It is important for them to know about their rights and Recommendations responsibilities, which they 1. To realize the right of are not aware of. Legal aid and suspects or accused to health, advice not provided in full. equip walking yards with sitting places and training Recommendations facilities (benches, horizontal 1. To set up information bar); stands in places of common 1. Heads of institutions use, with information about according to Regulation 23 NPM, procedure for filing of the UN Standard Minimum complaints and appeals Rules for the Treatment of with samples of applications Prisoners (Mandela Rules) to relevant authorities, - Every prisoner who is not telephone hotlines, engaged in outdoor work prosecutors; has the right to at least one 2. Organize legal advice/ hour of suitable exercise in consultancy. the yard every day, if weather CONSOLIDATED REPORT 65 permits. Juvenile and other some of the applications are prisoners of suitable age sent after review censorship, in the appropriate physical but none of the detainees condition should be provided received any response, or with physical training and they were not acquainted the opportunity of playing with responses.” during the exercise period. To ensure this, there should Recommendations be necessary yards, facilities 1. Prepare posters with and equipment - equip the hotline phone numbers of walking yards with sufficient organizations authorized to number of sports facilities, monitor observance of human sports equipment). rights (Almaty); 1. Set up information 8. Right to file proposals, stands in places of common applications and complaints use, with information about NPMs, procedures for filing Conclusions complaints and appeals According to defendants with samples of applications and suspects or accused to relevant authorities, of almost all institutions, telephone hotlines, every day, every morning, prosecutor’s office (Almaty); administration conducts cells rounds and accepts 9. Right to practice one’s statements and complaints in religion both written and oral forms from suspects and accused. Conclusions Almaty region is an The issue of observing the exception: “All the interviewed right of suspects or accused detainees said that their persons for worship is complaints do not reach the always connected to certain addressee. They write letters difficulties; nevertheless, to various authorities, but there are no problems with do not even get receipts. rituals in PTDCs. Also, there It becomes obvious that are no specially allocated detainees are restricted premises for the performance in their right to appeal for of religious rituals in protection. It might be that institutions. Still there is an 66 CONSOLIDATED REPORT CONSOLIDATED REPORT issue of the lack of religious preventing torture, violence literature, including “Koran”, and humiliation of human there were only two copies: dignity, take into account the one in Kazakh and one in knowledge of the LRA in this Arabic (West-Kazakhstan area and apply this knowledge region). in practice in the appraisal performance, use the Recommendations opportunities and experience 1. Provide the necessary of other organizations in the number of permitted religious field of training in preventing literature. torture.

10. Maintaining Recommendations Human Dignity 1. All persons have the right to humane treatment Conclusions and respect for human dignity. NPM groups note that 2. The regime established in all regions, within the at the institution should framework of martial and be aimed at minimizing the service staff training, sessions difference between life in on topics of counteracting prison and outside prison, torture, humiliating human which reduces prisoners’ dignity conducted regularly, sense of responsibility or according to the schedule. awareness of their human 4 Institution’s staff members are dignity. familiar with the requirements of the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). Majority of employees know norms of the RK criminal enforcement legislation. There are lists of NPM group participants. Nevertheless, the recommendation remains to specifically monitor the educational work with staff of the institution for CONSOLIDATED REPORT 67

The situation of persons held in temporary detention facilities and other institutions of the Ministry of Internal Affairs of the Republic of Kazakhstan

Prepared by: Muha Alexander Victorovich 4 Gusakov Yuri Anatolievich 68 CONSOLIDATED REPORT CONSOLIDATED REPORT There are 232 special assessments of the living institutions – divisions of the quarters, food, and hygienic Ministry of Internal Affairs of conditions. Nevertheless, the the Republic of Kazakhstan, problematic issues raised by including 180 temporary NPM participants in 2015 detention centres (TDC), and 2016 are still not solved. 25 remand houses and 27 They are rather serious, and special reception centres. would detract from human The staff preparation for dignity in TDCs, RHs, SRCs (and during) service in these of the Ministry of Internal institutions is at the proper Affairs of the Republic of level. The issues to study Kazakhstan. are the norms of national According to the letter legislation, international law, No. 1-30-11-3-231/1-8816 the UN Convention against of the Ministry of Internal Torture. The activities of the Affairs of the Republic of mentioned institutions are Kazakhstan addressed subject to daily supervision to the Ombudsman for by the Prosecutor’s Office, Human Rights concerning the agencies carry out the activities of temporary departmental inspections. detention centres As in previous years, in (TDCs), special reception 2017, the participants of centres(SRCs) and remand the National Preventative houses (RHs) - the Ministry Mechanism for the of Internal Affairs of the Prevention of Torture in Republic of Kazakhstan our country had regular regularly raises the issue and intermediate visits to to the Government of the temporary detention centres Republic of Kazakhstan and TDC (TDCs), remand houses local executive bodies about (RHs), special reception insufficient funds from local centres (SRCs), police budget for construction, stations (PSs) (selectively). reconstruction, capital and As in 2016, in 2017 the current repair, technical participants of the preventive equipment of the special mechanism gave satisfactory institutions. CONSOLIDATED REPORT 69 Definitely, there are information on keeping in positive changes in the TDC the detainees under response of government administrative arrest. In order agencies and administrations to enforce the decisions to the recommendations to of administrative courts, bring detention conditions in the TDC does keep these line with national standards. persons. As of 2017, there However, there is no is no regulatory and legal systematic approach in the framework on the protection, objective evaluation of the communal, household, buildings and structures, material and technical, because their design and medical and sanitary construction do not allow for provision of administratively- the meeting of the required arrested persons in the standards in institutions. Republic of Kazakhstan. As Temporary detention the number of those involved centres of the MIA RK (TDCs) in administrative arrests are special institutions is growing, this trend is designed to keep persons in alarming. custody, who were detained Within the reviewed on suspicion of committing a period the NPM participants criminal offense. visited a total of 140 TDCs The TDCs are the places of (including periodic and detention for the following interim visits). persons: As before, the NPM • suspects, detained in participants are being accordance with article 132 of challenged with living the Criminal Procedure Code of quarters, cases of inadequate the Republic of Kazakhstan; medical care, lack of effective • suspects, and accused complaint mechanisms, under articles 142, 150 of the and shortcomings with the Criminal Procedure Code of provision of pleasure yards, the Republic of Kazakhstan. and bathrooms Measure of restraint is arrest. For example, the Almost always the NPM administration of the TDC participants’ reports include Department of Internal Affairs 70 CONSOLIDATED REPORT CONSOLIDATED REPORT (DIA) of Irgiz district, Aktobe the Republic of Kazakhstan; region was recommended • TDC of Sarani, DIA of “to continue work on the Department of Internal eliminating the comments Affairs of Karaganda region; and recommendations of • TDC Shakhtinsky the NPM Aktobe region police department, DIA of participants (report dd. Shakhtinsk city, Department 04.06.2015), none of 10 of Internal Affairs of recommendations were Karaganda region; implemented.” • TDC DIA of the Ridder Based on the results city; of visits in 2017, NPM • TDC participants suggested Shemonaikhakhinsk regional addressing comments DIA; about residential premises • TDC DIA of Aktobe in a number of TDCs. The city with departmental previous consolidated report subordination of the had information only about Department of Internal a few of them, including Affairs of Aktyubinsk region; significant shortcomings • TDC HD “DIA of on rooms (cells) and natural Mamlutsky district of the lighting, sanitation and Department of Internal Affairs hygiene, developed plan of the North-Kazakhstan and estimates papers region” for the reconstruction or • TDC MIA of construction of new separate Mugalzharsky district of buildings of the TDC, but the Department of Internal the current report’s list is Affairs of Aktobe region, much longer and includes the Kandyagash; following TDCs: • TDC DIA Taraz city. • TDC of the Interior Of course, not all TDCs Department of the city are subject to mandatory of Lisakovsk, Department reconstruction or closure. Due of Internal Affairs of the to structural features of the Kostanay region of the buildings their reconstruction Ministry of Internal Affairs of and elimination of the noted CONSOLIDATED REPORT 71 shortcomings fixed by NPM (Makinsk city, Bulandinskiy participants is not allowed. district); Nevertheless, the problems • TDC of Sarani, of these TDCs are known, Department of Internal including for the supervisory Affairs of Karaganda region; bodies. Preventive visits to • TDC DIA of such institutions are not very Karkaralinsky district, promising in terms of bringing Karaganda region; these TDCs to the minimum • TDC DIA Irtysh district standards in the nearest 2-3 (Pavlodar region, Irtyshsk years, or even in the next village); decade. • TDC DIA of Some of the above- Bayanaulsky district of mentioned TDCs received Pavlodar region; repeated comments and • TDC of Kazygurst recommendations on district DIA of the SKO; bringing natural light into the • TDC of Zhambyl cells, which at least should district DIA of the Department not lead to harm to health of Internal Affairs of Almaty (eyesight) of detainees... It region; should be noted that they • DIA and TDC of managed to take some Priozersk city, Department of measures. However, the list Internal Affairs of Karaganda of TDCs with lack of natural region; light includes: • TDC of Ili district DIA • TDC DIA of of the Almaty region. Shardarinsky district As in 2016, the NPMM (Shardara city); note (for example, during • TDC DIA of Pavlodar their visits to TDC DIA of region of the Ministry of Altynsarinsky district of Internal Affairs of the Republic the Department of Internal of Kazakhstan (Pavlodar city); Affairs of Kostanay region, • TDC DIA of TDC of Karabalik district Bulandinsky district, of Kostanay region) about Department of Internal unsolved systemic problems Affairs of Akmola region related to detention 72 CONSOLIDATED REPORT CONSOLIDATED REPORT institutions, that are not be established, including addressed by supervisory area, seating equipment, bodies. For example, temperature standards, according to the Rule 73 lighting, etc. of the Rule of Mandela, The new kind of “Transportation of prisoners complaints, appeared in in conditions of insufficient 2017 should also be noted ventilation or lighting or here. They relate to food in in any other physically TDCs, i.e. one-time meal, the unduly harsh conditions is non-signing contracts with subject to prohibition”. The outside organizations, lack of transportation of people food and dishes: in metal unventilated • TDC of Maktaaral wagons, providing ​​0.4 m2 district police department per person, is a violation of (Zhetysay, SKO); the constitutional right of • TDC HD DIA of Esil prisoners to freedom from district of the Department of torture and other cruel or Internal Affairs of the North- degrading treatment. This Kazakhstan region (Yavlenka also violates the Art. 7 of village, Esil district); the International Covenant • TDC of Kazygurst on Civil and Political Rights district DIA of SKO; and the UN Convention • TDC DIA of Aral against Torture ratified by district, Kyzylorda region; Kazakhstan. • TDC of the Internal In this regard, NPM group Affairs Directorate in recommends the MIA to Kyzylorda. bring the conditions for As in the previous reporting transporting all categories year, the right of persons in of detainees in line with custody to communicate with international standards. To the outside world (media, do this, the development periodicals, availability of of regulations for the a library fund, phone calls, transportation of prisoners visits) is the unresolved is needed, the conditions problem in all MIA RK of transportation must institutions. This is a systemic CONSOLIDATED REPORT 73 problem and it could not be medical records and relevant solved at the local or regional documentation, shelf-life level. At least several copies of medicines, and indoor of periodically published temperature. There is a lack of media (newspapers, necessary medical equipment magazines) in Kazakh and and protozoan tonometers, Russian languages ​​should thermometers, dry-burning be sent to institutions by plants. The problem of non- subscription. Library funds payment of compensation for should be systematized and psycho-emotional stress to formed not at the expense of medical staff has a negative employees and contingent, impact. but considering publications In general, the response in the state language. of the officials to the In some institutions, recommendations of the NPM dampness, problems participants is satisfactory. with isolation of sanitary It does not include negative facilities, improper sanitary manifestations and deserves and hygienic standards for a positive assessment. lighting, ventilation, space However, when visiting TDCs, norms in rooms (cells), and the NPM participants also bad temperature regime met a few employees who do control are still observed. not know the normative legal There is a need for ongoing information about the NPM: and major repairs. • TDC HD, DIA of the Special attention should Mamlutsky district of the be paid to the problems with Department of Internal Affairs medical care. For the most of the North-Kazakhstan part these problems relate to region planning, i.e. lack of sufficient • Irtysh police medicines for specialized department, DIA Ust- piling: anti-shock, first aid. Kamenogorsk city There are shortcomings with • Ulbinsky police the qualifications of health department, DIA Ust- workers, lack of internal Kamenogorsk city control over the keeping the • Aksai police 74 CONSOLIDATED REPORT CONSOLIDATED REPORT department, DIA Kyzyl- Orda institutions. of Department of Internal The core regulatory legal Affairs of Kyzylo-Orda region acts guiding the procedure While visiting these and activity of the internal institutions, the NPM did affairs agencies holding and not reveal manifestations of processing centers, as well humiliation of human dignity, as detention regime are cruel treatment, punishment, following: or torture. However, one 1. The Law of the Republic should not forget about of Kazakhstan “On the thenegative treatment ofthe Procedure and Conditions detainees under arrest made of Detention of Persons in by investigative operatives, Special Facilities Providing traffic officers, investigators Temporary Isolation from (non-employees of the TDC), Society”; and investigating officers. 2. The order of RK Remand Houses are Minister of Internal Affairs designed to receive and keep dated May 23, 2011 No. 233 people who do not have a “On the Approval of Rules, specific place of residence Organization of Activity of and (or) identity documents, Internal Affairs Bodies.” administrative offenses and 3. The order of RK Minister crimes in their actions. The of Internal Affairs No. 11 identification of these people is dated January 9, 2011. “On impossible to establish by other the approval of Internal means. Regulations in Holding RHs employees are and Processing Centers of obliged to take measures for Internal Affairs Bodies “; establishing their identity, 4. The order of RK Minister identification with the of Internal Affairs dated May wanted persons, hiding 23, 2011 No. 231 “On the from the bodies of inquiry, Approval of the Identification investigation and the court, Procedures in Holding missing persons and their and Processing Centers of subsequent transfer to the Internal Affairs Bodies “. relevant authorities and 5. Joint Order of the CONSOLIDATED REPORT 75 Minister of Justice of the rights in temporary detention Republic of Kazakhstan facilities, new buildings dated May 6, 2010 No. are being constructed to 157, Minister of Health of maintain detainees, detention the Republic of Kazakhstan conditions, sanitary and dated May 18, 2010 No. hygienic conditions are being 350 and Minister of Internal improved, restoration, old Affairs of the Republic of window blocks are being Kazakhstan dated June 14, replaced, etc. a number of 2010 No. 272 “On Approval recommendations are being of the Regulations for implemented to improve Providing Medical Assistance detention conditions of. The to Citizens, subjected to NPM groups note that in restriction of liberty, as well majority of institutions of as serving court sentences, this type, recommendations placed in special facilities.” received as a result of When citizens detained previous NPM visits are in these institutions, there being implemented, but, is a risk of violation of their as in previously, these are rights, such as authority basically recommendations abuse by police officers, implementation of which unsatisfactory detention depends on local MIA RK units conditions, which may lead and do not require additional to negative manifestations of spending. At the same time, humiliation, cruel treatment, there are recommendations punishment or torture and that require systemic changes violation of human rights. and adoption of regulations During the period under at the state level. review, NPM participants Positive change tendency organized 25 visits in total in remand houses are noted to remand houses. Based on by the local police service the results of these visits it is of the Taraz Department of possible to conclude that the Internal Affairs. In the opinion Ministry of Internal Affairs is of the NPM group members, taking measures to improve work of this institution in the situation with human medical care, food system, 76 CONSOLIDATED REPORT CONSOLIDATED REPORT leisure activities organization, the established by law norms, sanitary conditions of all the concrete floor in the premises, arrangement and bath that does not match the condition of bathrooms and sanitary norms and rules, is etc. are to be appreciated and a potential spreading source disseminated as an example of dangerous diseases and in other such institutions. infections. There is no toilet Particular attention is paid in the courtyard. to the documentation In Kostanay city, premises completeness and quality, for persons detained the established system without documents are in of professional and need of new equipment psychological training of (old beds, gray bedding), employees meets the highest weak daylight, artificial requirements and can serve lighting is lit 24 hours a day, as an example not only in no fluorescent light bulbs. the Zhambyl region but During walks detainees have throughout the Republic of no opportunity to exercise, Kazakhstan. there are no sports facilities Obvious facts of cruel or sports equipment in the and degrading treatment yards. The right of persons can be inadequate detention detained without documents conditions, buildings and to obtain information about premises, some of which their rights and freedoms require major repairs, and are is not fully realized. There in emergency state or in the is no information on the opinion of NPM members NPM activities, sanitary and should be shut down. For epidemiological surveillance instance, for several years norms are violated (there is now NPM group members no note on the disinfectant of the West Kazakhstan solution, plates are not rinsed region indicate that Uralsk in running water, not all cells detention center using the have disinfectant solution, building of the Department there is one basin in the of Internal Affairs, where cells shower room for everyone, space does not correspond to hygiene products are not CONSOLIDATED REPORT 77 fully provided for) attitude towards detained Having visited remand persons. Detention of house in Almaty the NPM persons in this institution is group once again came to degrading, inhumane, related the common opinion that to ill-treatment. institution’s closure would be Analysis of the reports the best possible solution in submitted by NPM this situation. The institution participants showed that up does not comply with to date, not all staff members elementary international of RH are aware of NPM, standards as well as standards mechanism and authority, of national legislation. These there are still issues of lack of standards allow to organize medical workers, movement and reorganize institutions of of disabled people, lack of this type and continue their periodicals, books, radio, and activities in the territory of phone calls. the Republic of Kazakhstan Also the degrading factor (for instance, the order of the of human dignity not isolated Minister of Internal Affairs of toilets, lack of drinking water the Republic of Kazakhstan in cells, which is also noted in dated 23 May 2011 No. 233 the NPM groups reports. The “On the Approval of Rules, above mentioned conditions Activity Organization of are contrary to international remand houses of Internal and national legislative Affairs Bodies” clearly states treatment norms. that operation of RHs is NPM group reports also allowed only if there are revealed that when recent rooms meeting sanitary and visits were organized, none hygienic standards and fire of the visited RHs could safety requirements for safe be marked as meeting containment of persons requirements and standards, without specific place of according to the current residence and/or identity National and International documents. The NPM legislation. participants noted not only inattentive, but also heartless 78 CONSOLIDATED REPORT CONSOLIDATED REPORT Conclusions and the functional belonging of recommendations the institution should be The NPM participants reviewed with the possibility based their conclusions and of its civil transfer. Instead recommendations on the of cells there should be norms of the current national hostel-like rooms, with staff legislation and established members of psychologists international norms and and social workers. standards. For the most There is still a quality issue part, the recommendations of purchased via electronic presented specific proposals procurement goods based on to administration of the price request offers. So, institutions and the Ministry the purchase of mattresses of Internal Affairs of the for the institution is done Republic of Kazakhstan and via electronic purchases, were sent immediately after while tender won by the NPM group visits, to the supplier offering the lowest institutions’ administration price, the quality of goods and leadership of the regions’ suffers. In spite of the fact DIA. that according to the Law of Nevertheless, a number of the Republic of Kazakhstan recommendations requiring dated 21 July 2007 “On special attention should be Public Procurement” the highlighted: expert commission should identify the best technical At the legislative level: specification of goods Participants of NPM EKR submitted by potential consider that the institute suppliers, in practice the of detention centers in commission is guided by Kazakhstan currently plays price, and not by the best more of a penitentiary (prison) specification offered. function, although, in our Also there are a number of opinion, such centers should significant difficulties faced incorporate in their activities by the former Soviet Union the functions of detainees’ citizens after they leave RH. re-socialization. For this, So, after release citizens CONSOLIDATED REPORT 79 of these states receive - Consider taking a full- a document mentioning time physician, thereby they were kept in custody, creating conditions for however this document does accessing medial help at any not allow them purchasing a time; train ticket. Thus, in order to - It is necessary to restore identity documents introduce a social insurance they need to travel to the system for RH employees; respective embassies in - Develop and implement Almaty or Astana without a mechanism for handling documents, along the way complaints about violations they can also be detained and of rights and interests in placed in RH. It is necessary places of temporary isolation to create a mechanism for from society; documents restoration - To pay attention to for citizens when they are improvement of working released from RH. conditions and social security of RHs employees. To the Ministry of Internal Affairs of Republic of To regional Departments Kazakhstan: of Internal Affairs: - Continue regular - Review and update information work among information stands on NPM employees about NPM activities, on the rights and activities, their mandate, duties of detained persons; goals and objectives; - Create conditions for the - Evaluate technical duty officers, to receive video conditions of buildings where surveillance information. RHs are located; At the moment, such - Shut down those information goes directly to institutions which do not the central point, and only meet basic hygiene standards then, if requested, goes to and allocate (in the first place) the duty officer; financial means for their - Place the legal information repair or construction of new on stands or on cell doors buildings; with complaints examples, 80 CONSOLIDATED REPORT CONSOLIDATED REPORT appeals in two languages ​​ 2.2.4 Police stations – Kazakh and Russian. In Not all NPM groups cells place information on used the RK Ministry of the procedure for filing Internal Affairs permission complaints and addresses of for unhindered visits to human rights organizations, DIA police stations in attach examples of appeals different regions. Therefore, to national human rights it is difficult to assess the institutions in accordance situation there from the with paragraph 2 of Art. 20 point of view of compliance of the RK Constitution; with the standards for - To seek the possibility preventing violations of the of increasing medical care constitutional principle of funding; inviolability of human dignity. - When having tenders Nevertheless, even now, for the supply (purchase) on the basis of selective of bed linen, pay attention visits, one can speak about to the quality of bedding, the shortcomings in the specifically mattresses. logistics of police officers, police departments in rural A special detention center areas and in cities of regional is an institution of internal significance. affairs bodies, designed to We consider it necessary receive and detain persons to note the awareness under administrative arrest. of the police stations The placement in special personnel about the NPM RHs of persons subject activities in the Republic of to administrative arrest is Kazakhstan and the provision carried out on the basis of of unimpeded access to the court decision. In special NPM participants for the RHs a regime is established performance of their duties. that provides round-the- clock duty and excludes the Conclusions and possibility of unauthorized recommendations leaving of the detainees The conclusions and outside institution. recommendations of NPM CONSOLIDATED REPORT 81 participants who visited the reflect some of the MIA institutions in the period recommendations directly under review are based on related to the inviolability the norms of the current of human dignity and the legislation of the Republic of prevention of ill-treatment, Kazakhstan, including those punishment, as well as the of departmental by-laws. prevention of torture in the Also, the Standard Minimum MIA RK institutions. Rules for the Treatment First, the Ministry of of Prisoners (hereinafter Internal Affairs of the referred to as SMRs or Republic of Kazakhstan Mandela Rules) were used to in 2018 should develop assess the situation in these step-by-step measures institutions. (draft program) for the shut The recommendations of down and re-profiling of the NPM participants are institutions, where bringing specific proposals to the them to the norms ensuring special RHs administration the rights of persons in and the leadership of the custody, is not feasible due Ministry of Internal Affairs to the design features of to eliminate inconsistencies the buildings used. Among in living spaces, sanitary and the measures include a plan hygienic conditions, medical for the phased shut down care, food, conditions for of institutions, including sport and communication those that are impractical to with the outside world use due to limited number (access to media, visits, of detained persons, as telephone calls). The set of well as the construction such proposals should be of new buildings for state taken for control by the staff institutions, which cannot be of the General Prosecutor’s used due to poor conditions; Office of the Republic of Second, the Ministry Kazakhstan for the adoption of Internal Affairs of the of the prosecution response Republic of Kazakhstan measures provided by law. should take on special control This report should issues of medical services, 82 CONSOLIDATED REPORT CONSOLIDATED REPORT sanitation and hygiene of working meetings with NPM section institutions (TDF, participants, members of the RH, SRC), reflected in the NPM Coordination Council recommendations of NPM at the national and regional participants based on the level, inviting heads of state results of visits held in 2017 institutions and departments with mandatory informing to discuss recommendations the Commissioner for Human and possible solutions to Rights in the Republic issues. of Kazakhstan on taken Fifth, the Coordinating measures. Council of the NPM needs Third, within the to organize annual sectional framework of martial and meetings and sessions service training with the with regional NPM group personnel of the Ministry leaders to share experiences, of Internal Affairs of the improve the qualifications of Republic of Kazakhstan, NPM participants, level of guarding the outer perimeter preparedness for upcoming and escorting, as well as visits to institutions of various acting inspectors, employees departments and bring NPM of institutions executing work to a unified standard punishment and investigative throughout the territory of 5 isolators, employees of SAD, the Republic Kazakhstan. MRS– regularly organize sessions on legal regulatory acts on NPMs, international and national standards for detention conditions, as well as criminal law and other issues relevant to prevention of torture and inviolability of human dignity. Fourth, the Prosecutor General’s Office of the Republic of Kazakhstan and its subdivisions – organize CONSOLIDATED REPORT 83

The situaton of persons held in insttutons subordinated to the Natonal Security Commitee (NSC) of the Republic of Kazakhstan 5 Prepared by: Rakhimberdin Kuat Hazhumukanovich 84 CONSOLIDATED REPORT CONSOLIDATED REPORT In accordance with the List Almaty and Almaty Region; of State Institutions of the 5. 23.11.2017 г. – PTDC National Security Committee of the NSC RK in Karaganda of the Republic of Kazakhstan Region, an intermediate (NSC RK), there are four preventive visit. pre-trial detention centers The pre-trial detention (PTDC) in the country; they centers of the NSC RK are located in the cities of in the cities of Almaty, Astana, Almaty, Karaganda Karaganda, Shymkent are and Shymkent. located in basement or semi- During the period from basement premises. The January to December 2017, PTDC of Almaty is located the National Preventive in a building that was built Mechanism (NPM) members in 1936. The PTDC of the made 5 visits to the pre- National Security Committee trial detention centers of Astana city is located in of the National Security the adapted building that was Committee of the Republic built in 1975, where major of Kazakhstan, among which refurbishment (plumbing periodic intermediate visits fixtures, bathroom and took place. lavatory equipment were 1. 24.01.2017 – PTDC replaced, the floors were of the NSC RK in South- covered with linoleum, the Kazakhstan Region (SKR), an walls were painted) was intermediate preventive visit; carried out in December 2. 07.03.2017. - PTDC 2016. of the NSC RK in Astana, a The NPM members periodic intermediate visit; in the city of Almaty and 3. 21.04.2017 – PTDC Almaty Region say that in of the NSC RK in Karaganda pre-trial detention center Region, an intermediate of the National Security preventive visit; Committee Department of 4. 13.09.2017. – PTDC the Republic of Kazakhstan of the NSC RK in the city of (PTDC NSCD RK) in Almaty – CONSOLIDATED REPORT 85 “there are no sinks and water not less than two and a half closets (WC) in the cells, square meters. The NPM the suspects and accused members say that “in some are conveyed to the toilet PTDC cells in Astana, these and for hygienic procedures standards are not complied (washing, brushing teeth) with (in cells 10 and 8 there twice a day; they are given are 4 individual beds, the 2 plastic buckets to relieve cells are very tight), the PTDC themselves”; “Because of the NSC RK cell dimensions are lack of WCs in the cells, they no more than 6-8 square smelt bad”; “The shared toilet meters.” is not divided by partitions”; In the PTDC cells of “The tiles in the shower-room Astana city “Para. 5.4.2.9.2. require replacement.” of the Sanitary Standards of The NPM members in the Republic of Kazakhstan Almaty note that relatives SS RK 3.02-24-2014 is not of remand detainees are complied with, according to ready to purchase portable which all of the equipment toilets for the PTDC at in the cells (beds, tables, their own expense, but benches and stools, etc.) must the administration of the be securely attached to the institution has so far turned floor or walls by welding them down this assistance. to pre-installed embedded Although the availability of fittings. The sharp corners portable toilets in the cells, of the cell equipment should would at least partially solve be rounded. For example, the problem of inmates’ stools have sharp angles and relieving themselves. are not fixed to the floor by In accordance with the welding them to pre-installed legislation of the Republic of embedded fittings.” Kazakhstan, the suspects and The PTDC NSC RK in accused should be kept in the Astana does not comply with premises, based on the norm Paras. 5.4.2.9.3-5.4.2.9.4 of sanitary area per person of SS RK 3.02-24-2014, 86 CONSOLIDATED REPORT CONSOLIDATED REPORT according to which there him, the PTDC NSC RK does should be a cell equipped not facilitate the provision for temporary isolation of of treatment due to the high suspects, accused or convicts cost of the corresponding who experienced a nervous medications. Although, in collapse (a cell for isolation accordance with section 3 of violent inmates), in which of MOH Order No. 92, the a window opening is not treatment of chronic viral provided. hepatitis B can be carried out In general, the situation within the guaranteed scope regarding the medical support of free medical care.” The of the inmates of the PTDC management of the medical NSC RK is in line with national service of the NSC RK should legislation and international consider this case. standards for the treatment None of the PTDC NSC of prisoners. Nevertheless, RK has created the proper the participants of the conditions for persons with Astana NPM members note disabilities who are held in that the PTDC NSC RK in detention there. To improve Astana is not staffed with the living conditions, social medical personnel, which and medical support for the puts in question the access remand detainees held in the to qualified medical care for PTDC NSC RK, it is necessary: ​​ remand detainees in this 1) to equip the toilet areas institution. with sinks and toilets with According to the report handrails for wheelchair of the NPM members in users, to ensure privacy Astana, “in cell 5 there is a conditions; 2) to equip the remand detainee, according shower rooms with separate to him, he is ill with chronic places with flexible hoses and hepatitis, which is proven stools for convicted persons and confirmed He receives with disabilities; 3) to create the necessary medicines and install gently sloping from relatives. According to platforms for movement to CONSOLIDATED REPORT 87 the walking yard, i.e. create a of that person), for more than barrier-free environment for two and a half months there persons with disabilities from were no facts of inspections among the remand detainees. and / or supervision by In accordance with the prosecutors in the PTDC observations of the NPM NSC RK, - the detainee did members in the PTDC NSC not see any prosecutors.” RK in the city of Almaty, Therefore, the leadership instead of the 1-hour walk, of the General Prosecutor’s according to complaints of Office of the RK should the remand detainees, they take into consideration this take a walk only for 25-30 circumstance and the officers minutes. The administration of the prosecutor’s office of PTDC explains this by the should conduct a reception fact that the building of the of remand detainees in the institution is old and there shortest possible time. are not enough walking yards An analysis of the NPM to organize an hour’s walk for members’ reports on the the remand detainees. situation in the PTDC NSC The NPM members in RK shows that the following Astana and Karaganda recommendations set forth Region note that remand in the Consolidated Reports detainees complained that for 2015 and 2016 years the staff of the territorial remained unfulfilled: prosecutor’s offices visited 1. Transfer the PTDC the PTDC NSC RK very cells from basements rarely, and even less often or semi-basements to did they conduct a personal standardized buildings that reception of the inmates. would comply with the UN Thus in the PTDC of Astana Standard Minimum Rules for city “according to a remand the Treatment of Prisoners detainee R.S. Akhanov (the (“Nelson Mandela Rules”) and surname and initials were the national legislation of the written with the permission Republic of Kazakhstan; 88 CONSOLIDATED REPORT CONSOLIDATED REPORT 2. Taking into both the special contingent consideration the existence and the staff of the institution; of a problem with the 8. Include a psychologist conditions of detention of in the PTDC staff to work detainees and their sanitary- with both the inmates and and-hygienic provision, to the staff of the institution; find resources for capital 9. Introduce in the refurbishment of the PTDC training process for the NSC RK, for bringing their training and professional premises in proper sanitary retraining of the PTDC NSC condition, actually providing RK staff, special courses to the necessary conditions study the recommendations for keeping persons with of the Nelson Mandela disabilities; Rules, the UN Convention 3. Provide a barrier-free against Torture and Other environment for persons Cruel, Inhuman or Degrading with disabilities (equipment Treatment or Punishment, of toilets with handrails, the national legislation on shower rooms with flexible NPM in connection with the hoses and stools, etc.); prevention of torture and 4. Re-equip the PTDC cruel degrading treatment NSC RK cells in Astana in and punishment and other order to bring the area in line fundamental violations of with the minimum standards human rights; (2.5 sq. m per person); 10. Formulate the practice 5. Ensure observance of of holding training seminars the remand detainees’ rights in the training format, on to a daily one-hour walk in effective interaction of the the PTDC in Almaty; PTDC NSC RK staff and NPM 6. Create sports gyms members in the process of or equip walking yards with public control. sports equipment; 7. Include a staff psychologist to work with CONSOLIDATED REPORT 89

The situation of persons detained in facilities subordinated to the Ministry of Defense 6 Prepared by: Ibrayeva Anara Nurlybayevna 90 CONSOLIDATED REPORT CONSOLIDATED REPORT In accordance with 1. in the city of Karaganda paragraph 7 of Art. 5 of - the confinement facilitiesof the Law of the Republic of the military police department Kazakhstan “On Military of Karaganda garrison Police Bodies” one of 16 2. in the city of Aktobe – objectives is “the execution the confinement facilitiesof of detention of servicemen the military police of in the military detention/ Aktyubinsk garrison confinement facilities, as 3. in the city of well as the execution of Taldykorgan - the confinement administrative punishment facilitiesof the military police in the form of administrative department of Taldykorgan arrest as provided for in the garrison legislation.” 4. in the city of Shymkent Six NPM groups made – theconfinement facilitiesof 8 visits to facilities in 7 the military police of the cities: Aktobe, Almaty, Shymkent garrison Astana, Karaganda, Semey, 5. in the city of Astana – Taldykorgan, Shymkent, of the confinement facilitiesof which in Karaganda – they the RGA “Military Police visited twice the same Detachment of Akmola institution with an interval regional garrison” of the of 4 months; the NPM group Ministry of Defense of the for Almaty and Almaty region Republic of Kazakhstan visited the military detention/ 6. in the city of Semey – confinement facilities in the confinement facilities of Taldykorgan and Almaty. the military police of Semey The names of the regional garrison confinement facilities of the 7. in the city of Almaty - Republican Governmental the confinement facilities of Agency (RGA) “Main the military police department Directorate of Military Police of Almaty regional garrison. of the Armed Forces of the The activities of the military Republic of Kazakhstan”: detention/confinement CONSOLIDATED REPORT 91 facilities regulated by the Armed Forces, other troops following basic legal acts: and military formations of the 1. The Standard Republic of Kazakhstan” (as Minimum Rules for the amended on May 05, 2017). Treatment of Prisoners 6. Order No. 182 of the (adopted at the First United Minister of Defense of the Nations Congress on the Republic of Kazakhstan dated Prevention of Crime and the July 3, 2000 “On approval and Treatment of Offenders on implementation of the Rules August 30, 1955, approved for serving criminal sentences by the Economic and Social by convicted military Council at the 994th plenary servicemen” (as amended by meeting on July 31, 1957). Order No. 378 of the Minister 2. Law of the Republic of Defense of the Republic of of Kazakhstan “On Military Kazakhstan dated November Police Bodies” (as amended 06, 2003). and supplemented on July 3, 7. Order No. 366 of the 2017). Minister of Defense of the 3. Law of the Republic of Republic of Kazakhstan dated Kazakhstan “On Procedures July 20, 2017, registered with and Conditions for the the Ministry of Justice of Custody of Persons in Special the Republic of Kazakhstan Temporary Detention as No.15526 on August Facilities” (as amended on 23, 2017 “On the approval July 11, 2017). of the internal rules and 4. Law of the Republic regulations and the detention of Kazakhstan “On Religious of suspects and accused at Activities and Religious the confinement facilitiesof Associations” as( amended on the Military Police of the December 22, 2016). Armed Forces of the Republic 5. RK Presidential Decree of Kazakhstan.” No. 364 of July 5, 2007 8. Order No. 368 of the “On the approval of general Minister of Defense of the military regulations of the Republic of Kazakhstan dated 92 CONSOLIDATED REPORT CONSOLIDATED REPORT July 20, 2017 “On the Approval intended for the military of the Rules for Servicemen department. Serving Administrative Arrest The minor repairs at Confinement Facilities (some renovations) in the of the Military Police of the confinement facilities Armed Forces of the Republic were carried out: in 2015 of Kazakhstan.” (Karaganda), in 2016 (Astana, 9. Order No. 972 of Shymkent), in 2017 (Aktobe, the Minister of Defense of Semey, Aktobe), annually the Republic of Kazakhstan (Almaty); major repairs - in dated December 13, 2012 2014 (Aktobe, Taldykorgan). (repealed). The limit of occupancy 10. Order No. 68 of the is as follows: 15 people Minister of Defense of the (Karaganda, Taldykorgan), Republic of Kazakhstan dated 22 people (Astana city), 26 February 19, 2014 (repealed), people (Semey), 70 % of etc. administrative block - 16 Some military detention/ people (Almaty city), the confinement facilities are NPM group in Shymkent did part of the military garrison not provide the data. complex (for example, in On the day of visiting the Semey). Others are located confinement facilities (except in specific buildings (as in for Semey), the servicemen Astana). were not detained there. Five Dates when people were detained in the theconfinement facilities confinement were built: 1938 (Semey facilities in Semey city, city); 1962 (Aktobe), 1974 among them 3 regular soldiers (Astana), 1978 (Karaganda), (Pavlodar military garrison), 1 1999 (Taldykorgan, Almaty), volunteer contract sergeant 2002 (Aktobe), 2003 from Zaysansky border (Shymkent city). The building guard detachment of NSC of the confinement facilitiesin RK border troops, officer Astana was not originally of Semey military garrison. CONSOLIDATED REPORT 93 In this connection, it was group’s visit – there were “3 not possible for the 6 NPM vacancies - 2 people.” One groups to assess to the full of the servicemen of the extent the observance of the confinement facilities is a right to freedom from torture. woman (the staffing position Prior to the date of was introduced about a year NPM groups’ visit to the and a half ago), which is a confinement facilities, it positive practice. In Almaty detained: 19 people. - 2 there is a vacancy of 1 soldier officers and 17 soldiers (July (Escort Officer). 4, 2017, Karaganda), 32 (as of November 23, 2017, the city The material support of of Karaganda), 31 (September the confinement facilities is 15, 2017, Astana), 23 carried out at the expense of administratively arrested the military units. servicemen (4 officers, 2 - According to paragraph contract service volunteers, 22 of the Rules of serving 17 – regular servicemen, administrative arrest by June 9, 2017, Shymkent city). military servicemen in In 2016, 12 people were confinement facilities of detained in the confinement military police bodies, facilities in Aktobe (2 officers, approved by Order No. 368 of 4 contract soldiers, 6 soldiers, the Minister of Defense of the MoD - 5 people, internal Republic of Kazakhstan dated military forces - 6 people, July 20, 2017, the standard of and NSC RK - 1 person). living space in the cell for 1 NPM groups in the cities arrested person is at least 2.5 of Taldykorgan, Semey and square meters, for women - 3 Almaty did not provide such square meters. There are no information. remarks from NPM groups Of the 17 people according regarding the size of the area to the staffing table of the of the cells. confinement facilities in Semei at the time of the NPM 94 CONSOLIDATED REPORT CONSOLIDATED REPORT

Karaganda Aktobe Taldykorgan Astana Semei Almaty Shymkent

Occupancy Not 15 7 15 22 26 70/16 limit mentioned Number of 8 5 6 10 13 22 10 cells

In the confinement In the confinement facilities there are various facilities in Astana, there are types of equipment in the no differences between the cells. So, in the city of Semey, cells for the maintenance of the cells of the confinement officers, servicewomen, and facilities are equipped with soldiers. The only difference tables and board beds; in the between the cell for cities of Astana and Shymkent servicewomen is that they are there are bedside tables, not locked. The atmosphere clothes hangers (in Astana in the room is oppressive, there are some benches because of the color of the in addition, in Shymkent, walls (in the corridor they are bedside tables are only in grey, the doors of the cells are women’s cells). black) and lack of natural light. In the corridor there The NPM group in Almaty are wooden lockers with noted the separate detention compartments for storage of detainees in accordance of personal hygiene items with military rank; “The of persons detained in the placement in a solitary- confinement facilities in confinement cell for more Astana. than one day is allowed For women there is one cell on the basis of a reasoned in the confinement facilities in decision of the head of the the cities of Aktobe, Almaty, confinement facilities in Karaganda and Taldykorgan, accordance with Art. 31 of while in Astana and Shymkent Law № 353-1 of the Republic there are 2 cells, and in the of Kazakhstan dated March city of Semey – 3 cells. 30, 1999 based on a sanction CONSOLIDATED REPORT 95 of the prosecutor. Currently, measures are carried out the basement is not used. according to the agreement So far, no decision has been dated 2013 signed between made on its further use.” JSC “Eskeri Kurylys” and a In the cities of Semey medical facility “Preventive and Almaty, the floors in the Disinfection”. cells are made of concrete / Temperature control cement, which is a violation of is carried out by the international standards and administration (Semey), national legislation. In Semey - the confinement facilities in 3 cells out of 13 there are no paramedic (Shymkent), windows. the confinement facilities The availability of a attendant paragraph on cleaning of and health care worker common communal areas (Astana). Thermometers are in premises is noted in the installed in confinement reports by NPM groups in the facilities in the cities of cities of Karaganda Karaganda and Semey. and Aktobe. If in the “The temperature regime is confinement facilities in observed, it is carried out on Karaganda cleaning is carried a regular basis” in the cities out by a “special staff member”, of Almaty and Karaganda; “In then in Aktobe cleaning is the cells the temperature is carried out (once a week) by maintained not below +18°C “detainees under supervision in Aktobe; 20°C in Semey, of a guard accompanying 25°C in Shymkent. convicts or a sergeant of the Personal belongings are guard (duty shift).” Cleaning of stored in: special lockers in the the cells is done by servicemen corridor of the confinement (in Karaganda, Astana, facilities, the number of Shymkent). Disinfection of lockers corresponds to the premises is carried out once a occupancy limit - for 15 week (in Shymkent), while in people (in Karaganda), in the city of Semey disinfection the bedside tables near the 96 CONSOLIDATED REPORT CONSOLIDATED REPORT sleeping places in the living facilities in Astana, the WCs room (Aktobe, Astana). in the cells are equipped Water supply is centralized with a bowl of Genoa (as (the cities of Karaganda and in Shymkent), “water closet Semey), heat supply, water supply tanks are located in supply (cold water) and the corridor, flushing in the the sewerage system are cell is carried out by using a centralized (Taldykorgan and cord passed through the wall Astana); they are connected from the water closet supply to the city utility networks. tank, which enables the There is hot and cold running confinement facilities duty water (Astana and Almaty), officer to shut off the water while hot water in Semey and in the tank (it is explained Taldykorgan is made by means by space saving in the toilet of a water heating device / room). Besides, there is a electric storage water heater. sink with a faucet, both The WC (toilet, washbasins) serviceable.” is available in the cells of Cabinets for storage of the confinement facilities in toilet articles are located in the Karaganda and Shymkent corridor (Astana, Karaganda). (except for 1 cell for women), Toilet articles are given It is not provided for in Aktobe, individually when escorting Semey and Taldykorgan, so it is the detainee to the toilet, combined with the room for for washing, after which the taking a shower. articles are returned to the “If necessary, the newly cabinet (Astana and Almaty). brought detainees are taken “According to Shymkent to the corridor to the staff confinement facilities staff, toilet accompanied by a guard washing means are not issued accompanying convicts” (2 to detainees, in line with the WCs in Aktobe), the WC is Internal Rules and Regulations “located in a dedicated room” of the confinement facilities (Taldykorgan city). of military police of the In the cells of confinement Armed Forces of the Republic CONSOLIDATED REPORT 97 of Kazakhstan” approved by execution and a copy of the Order No. 972 of the Minister conclusion of the military of Defense of the Republic of medical commission on Kazakhstan dated December the suitability for military 13, 2012 (repealed), detainees service for health reasons. have their own hygienic (Shymkent). In the city of and washing means. In the Karaganda, admission to absence of the opportunity to the confinement facilities purchase soaps and washing is not carried out according means, they are provided to the principle of a sanitary by the military unit in which inspection room. All the the detainees serve. Sanitary consignment people take a towels are not provided for in shower and are examined the Charter. by a paramedic. The wash The WC/ toilet area is schedule is approved equipped with a shower unit (Karaganda). (one cubicle), wash basin, Bathing takes place once a toilets for the accused and week (they take them to a bath detainees, designed for two house in Aktobe, Taldykorgan, people. (Semey). The sinks Almaty, Shymkent cities), or 2 and 6 toilets with partitions times a week for 15 minutes are clean; disinfectants are in (Astana). When needed, good supply. (Almaty). women have a possibility to Servicemen are placed take a shower, wash their in the confinement facilities personal belongings. There when the following is a hanger for personal documents are available: a clothes in the shower room detention report, a court- (Karaganda city). sanctioned resolution of In Shymkent city, unlike in the investigator, the person other regions, there is “a tiled conducting an initial inquiry, tray with two mixers and one or the judicial restraint in the shower head”. Shower cabins form of detention, a copy of in the confinement facilities in the verdict, an order for its Taldykorgan have no rubber 98 CONSOLIDATED REPORT CONSOLIDATED REPORT mats, unlike in Almaty city. – it is not, as “small windows There is a tiled tray with two are located under the ceiling, mixers but one shower head in barred, in some cases, the the shower room there is a tiled windows are opened only from pallet with two mixers, but one the outside without access divider. There are no partitions from the inside.” Thus, there between the shower stands are protected lamps in each (Shymkent). cells, windows measuring On bathing days they 40x60 cm in all cells are change underwear and bed barred (Aktobe); in the cells linen, as well as conduct - two small windows located a medical examination under the ceiling, barred of servicemen placed in (Astana); small windows the confinement facilities are in the upper part of the (Almaty). wall, natural and artificial The bed linen is clean lighting is not sufficient and is replaced once a week (Semey); natural lighting is (Karaganda, Astana, Aktobe not sufficient for reading; cities), it is received from according to the management military units (Karaganda), of the institution, based on stored in a warehouse to the results of a recent (Astana, Semey, Shymkent), or SES audit, there were no in special cabinets (Aktobe). comments on the lighting in Laundry is done in the bath the cells; it is impossible to and laundry complex of the enlarge window openings or military unit / garrison. On change grids due to the lack bathing days they change of a normative document / underwear and bed linen, order with approved sizes as well as conduct a medical (Almaty); a window of “a examination (Shymkent, closed type, which cannot be Semey). opened, without an opening Lighting in the premises mechanism, blocked by in Karaganda and Shymkent reinforced 5x5 cm grating, is sufficient. In other cities without access to the window” CONSOLIDATED REPORT 99 (Taldykorgan); “at night time the absence of detainees all cells have the lighting on, (Aktobe). windows are of a sufficient Nutrition. In view of the size, for normal ventilation absence of those arrested and lighting of cells, grilles are in the confinement facilities installed from the inside of (with the exception of Semey), the cells” (Shymkent). there was no possibility to There is forced ventilation check the quality of food. available in the cities of Three meals a day are Karaganda and Almaty. provided as hot meals, Natural ventilation is done according to the number of during walks (Karaganda, detained persons, based on Shymkent), or through the “Daily Food Ration” norms window (Taldykorgan); there No. 1 per person per day. is no access to ventilating the The food is cooked in the cells from the inside, as the confinement facilities in the city ventilation pans open from the of Karaganda. In other regions, outside thereere is no access to food is delivered: from the fresh air, the cells do not have military unit of the city of input and output ventilation Taldykorgan (cooked by the (Aktobe); ventilation, which is employees of IP “Dostyk” in a passive duct, is insufficient Aktobe); in thermos bottles (built in 2016) (Astana city). – cooked by LLP “El-Orda Access to drinking water Astana” (Astana, Shymkent); in cells: there is a bucket IP “LLP April” for the amount (Taldykorgan city); a tank with of 1,300 tenge (Semey), boiled water at the rate of also from the military unit. 2 mugs per day per person The menu is available in the (Almaty city); galvanized military unit (Taldykorgan). wall pot for drinking water The daily food ration norm (Shymkent city); a jug and for one person amounts to glasses (Semey city); a water 1,225 tenge and the menu tank and mugs were in is approved by the head of the cooking room, due to the confinement facilities 100 CONSOLIDATED REPORT CONSOLIDATED REPORT (Almaty). The meals are taken Dishes are available in the cells of confinement in sufficient quantity (in facilities of Almaty, Karaganda, Taldykorgan, Taldykorgan cities. There is a Almaty, Shymkent, Astana, room to take food in Astana Semey). The food is served and Shymkent (for 10 seats in to the arrested through the Astana). window.There are no chairs Food quality control is in the cells, therefore the performed by a temporary arrested person is forced to paramedic (Karaganda city), take food standing (Aktobe). a medical officer on the spot In Astana, pottery is ceramic; where the food is received in Shymkent - metal cups and (Taldykorgan), a sanitary plates, plastic mugs. instructor (Shymkent). There is a quality-control ledger They Health services maintain records of finished Unlike other regions, there products (Karaganda). is a paramedic in the state Food distributionand dish confinement facilities in washing are done by a specially the cities of Karaganda and assigned employee (according Taldykorgan. The provision to the staffing schedule), of health services is assigned who hasa sanitary book and to a paramedic of the military admission (Karaganda city). police (Astana, Almaty, Food is distributed in a room Semey). fenced with plastic, where There is a medical office there are no conditions for in the cities of Karaganda (it food distribution, washing was equipped after the first and disinfection of dishes visit to it in 2017, as well (Aktobe). There are separate as in Astana), Almaty and rooms for food distribution in Semey. In other regions – there the cities of Almaty, Astana. are none. “The paramedic’s There are conditions for food office is located in with the heating. During the visit, there technical support office of the was no menu(Semey). military police” (Karaganda). CONSOLIDATED REPORT 101 “The medical office is the examination) is carried only medical facility in the out “by a person filing an administrative premises of application at the time of the Semey military garrison. transferring the duty by the A paramedic, who works on guard (an on-duty shift) and a daily basis, had a limited list conducting reconciliation; of medications. If required, during the daily round of it would be difficult for the cells, and in case of an acute medical worker to provide illness - to a confinement the necessary medical facilities employee. assistance” (Semey). There Medicines are handed over was no separate medical room according to the prescription (equipped after a visit by the of the medical worker in NPM group) in the building of established doses individually the confinement facilities in against a receipt. In order Astana, so when a serviceman to identify cases of injuries is taken to the confinement (bodily injuries) received by facilities by a medical worker, convicts, employees of the an examination is conducted confinement facilities with in the office of the on-duty- the participation of a medical officer on the ground floor of worker (paramedic) conduct the building. their physical examination on The doctor’s bag for an a daily basis” (Aktobe). ambulance and sanitary In emergency cases, transport organization, an ambulance is called by according to Order №365 of the officer on duty at the the Minister of Health of the confinement facilities. The Republic of Kazakhstan dated medical examination is 26.06.2013 was available in conducted both at the time the confinement facilities in of admission and release from Taldykorgan, Astana, Aktobe, the confinement facilities Karaganda. (Taldykorgan, Astana, Almaty, A preliminary appointment Shymkent). to the doctor (for a medical A logbook of patient visits 102 CONSOLIDATED REPORT CONSOLIDATED REPORT is maintained. According to doses individually against a the staff, there is no shortage receipt. At the time of the of medicines. Medical visit, the paramedic showed examinations are carried out the patient’s visit logbook / in the polyclinic of Turksibsky the ledger of the admission of district of Almaty (Almaty). detainees. According to the “Servicemen seek medical paramedic in the confinement assistance from a medical facilities, there are all the officer of the military police necessary drugs to provide unit during a daily inspection. primary health care. In the In case of emergency medical event of a physical injury, assistance, the paramedic, appropriate health care with the permission of the services are provided. With head of the confinement the involvement of a medical facilities, delivers the arrested worker (paramedic), a medical person escorted by the examination is carried out convoy to a medical facility. within 24 hours, the results When placing a serviceman in of which are recorded in the a medical institution, the head medical book of the arrested of the confinement facilities person to be placed in the immediately notifies the confinement facilities. In prosecutor, the judge and the order to identify cases of command of the military unit. injuries (bodily injuries) of After recovery, the suspect, arrestees, employees of the the accused, unless another confinement facilities with credit is issued by the judge, is the participation of a medical again escorted by the convoy officer (paramedic), conduct to the confinement facilities. daily physical examinations. Outpatient care is provided The prosecutor is notified in to a serviceman placed in cells writing about every fact of the of the confinement facilities. detection of bodily injuries Medicines are handed over to the detainees within 24 according to the doctor’s hours. Upon admission of the prescription in established detainee to the confinement CONSOLIDATED REPORT 103 facilities, the administration a disciplinary military unit provides him with information is one of the main types of about his rights, duties and punishment, and it is executed restrictions on rights, as well by the Ministry of Defense of as the rules of internal order the Republic of Kazakhstan” for familiarization in writing (Almaty). again his/her signature” The time of detention in (Shymkent). the confinement facilities is The logbooks for not included in the total term registration of applications of service and the allowance for medical assistance for this time period is not paid are maintained in Astana, (Astana). Shymkent (the logbooks of In connection with patient visits, the ledgers of the absence of arrestees, admission of detainees). convicted in confinement Realization of rights. “As a facilitiesin Karaganda, Aktobe, result of amended legislation, Taldykorgan, Astana, Almaty, the accused servicemen are Shymkent no interviews have kept in temporary detention been conducted. cells; if found guilty, they Information boards shall be sent to a correctional with information about the facility. In this connection, the rights of the arrested in persons, who are found guilty two languages, with a daily under the administrative schedule are available in cells proceedings are placed in of the confinement facilities in the confinement facilities. Karaganda, Almaty and Semey The main reasons for the cities, in the foyer - the list of placement of servicemen in authorized items (Almaty), the confinement facilities the “documentation board” are: failure to comply with (Taldykorgan), the rights and the order, open disobedience, duties of the arrested, about absence (untimely arrival the NPM (Shymkent). There in the military unit without are no stands in the cells with a notice). The admission to information on the rights and 104 CONSOLIDATED REPORT CONSOLIDATED REPORT duties of persons placed at the safety while in custody; - confinement facilities (Astana); material and medical support; there is one located in the - an eight-hour sleep at corridor (Aktobe). night; - supply with food at Materials about the the rate of basic general- activities of the NPM and purpose rations; - courteous other state human rights treatment by servicemen institutions are available in serving in the confinement the confinement facilities of facilities; - A daily walk of at Semey city. least one hour. Maintenance In the daily routine for of the maintenance regime detainees / convicts there at the confinement facilities, are: a night sleep (not less and maintenance of internal than eight hours), time for order in them is entrusted morning and evening toilet, to the officials of the military morning examination, military police and confinement training, shoe cleaning facilities(Shymkent city). and washing hands before Information about meals, eating (three times a the activities of the NPM day) , the personal needs of and other state human rights servicemen, a daily walk (at institutions are available in least one hour). It should be the confinement facilitiesof noted that administratively Semey city. detained / convicted persons The daily routine for are provided with: - the detainees / convicts envisages: right to request a personal a night sleep (not less than admission to the head of eight hours), time for morning the confinement facilities; and evening toilet, morning - the right to use things and examination, military training objects, the list and number classes, shoe cleaning and of which are determined washing hands before meals, by law; - the right to read taking meals (three times a newspapers and magazines day), the personal needs of at a set time; - personal servicemen, and a daily walk CONSOLIDATED REPORT 105 (at least one hour). It should confinement facilities, up to be noted that administratively fifteen days.” (Taldykorgan). detained / convicted persons But in the confinement are provided with: the facilities in Almaty each right to request a personal camera is equipped with a meeting with the head of the radio with a speaker. confinement facilities; - the Packages from relatives right to use things and objects, are received on a daily the list and the number of basis, according to the which are specified by law; - schedule, by their application the right to read newspapers (Karaganda). The NPM group and magazines at a specified indicated the right to receive time; - personal safety while in packages when inspecting custody; - material and medical the confinement facilities in support; - an eight-hour sleep Almaty, and “not provided” at night; - meals based on the - in the report on visiting the daily food ration; - courteous guardhouse in Taldykorgan. treatment by servicemen From the report of the NPM serving in the confinement group in Astana: “For the past facilities; - a daily walk of at 2 years, no one has used this least one hour. The observance right, there was no need.” of the maintenance regime Meanwhile, paragraph 3 of at the confinement facilities, Article 15 of the Law of the internal management is the Republic of Kazakhstan “On responsibility of officials the Procedure and Conditions of the military police and for Maintaining Persons in the confinement facilities Special Institutions Ensuring (Shymkent). Temporary Isolation from the Contacts with the outside Society”, as well as paragraphs world. Radio, TV is not 28-30 of Order No. 368 of provided for in the guardhouses the Minister of Defense of in Taldykorgan, Aktobe, Astana. the Republic of Kazakhstan “It is explained by a short dated 20.07.2017 “On period of detention in the Approval of the Rules of 106 CONSOLIDATED REPORT CONSOLIDATED REPORT Serving an Administrative termination of the meeting, Arrest by Servicemen at a the confinement facilities Confinement Facilities of the employee responsible for it Military Police of the Armed shall report this in writing to Forces of the Republic of the head of the confinement Kazakhstan” established the facilities with the indication right to receive parcels. of the reason for terminating Meetings of the the meeting. In the event of servicemen “placed at the a short-term termination of confinement facilities with visits to servicemen placed in relatives and other persons, the confinement facilities (in are conducted under the connection with a quarantine, supervision of staff of the the introduction of the special guardhouse. For this purpose, conditions regime), the head the checkpoint has a room of the confinement facilities divided by a partition made shall inform the prosecutor in of organic glass with holes charge of enforcing the law in to exclude the transfer of the guardhouse, the relevant any objects; this partition judicial and investigation does not interfere with a authorities, and a notice shall conversation and visual be posted at the checkpoint communication. Persons of the military police unit” who have received permits (Shymkent). Meetings with to meet servicemen placed relatives are held at the in confinement facilities confinement facilities of shall not be allowed to bring Karaganda, Astana, Almaty, and use technical means of Shymkent (15 minutes) on communication, computers, the basis of an application, film-, photo-, audio-, video- in the visiting room, with and copying equipment no more than two adults without permission from the according to the schedule head of the military police unit approved by the head of the or the persons who replace confinement facilities. At them. In the event of early the confinement facilities CONSOLIDATED REPORT 107 in Astana, communication of the Republic of Kazakhstan with relatives takes place (Aktobe). The report of the through the partition (made NPM group on EKO stated: of glass), the room has a table “Not established”. and chairs. In Semey there The library in the is a room for investigative confinement facilities is actions, in which meetings arranged in a mini-bookcase for with the defender can be storing books and periodicals conducted; the confinement (“Egemen Kazakhstan”, facilities is regularly checked “Kazakhstanskaya Pravda”, by employees from the etc.) (Karaganda); there military prosecutor’s office, are books, magazines, and corresponding records military regulations have been made in a special (Aktobe); “only 4 books, ledger. fresh Kazakh newspapers: As the head of the “Egemen Kazakhstan”, institution explained, the “Kazakhstanskaya Pravda”, meetings with relatives are “Sarbaz”, and “Aibyn” rare, since the arrested do not magazine” (Astana); a want their relatives to get to small library, books in know about their placement good condition, neat in the confinement facilities filings of newspapers (Almaty). (“Kazakhstanskaya Pravda”, Correspondence, the “Egemen Kazakhstan”, possibility of sending mail, “Rudnyi Altai”, “Sarbaz”, etc.) correspondence is possible (Semey); “there is the right to through the officer on duty use the filing of newspapers in the confinement facilities and magazines in Kazakh and (Karaganda). Once a month Russian languages” (Almaty); arrested persons are allowed “they are granted the right to to receive and send at their use the filing of newspapers own expense letters and and magazines in the state telegrams in accordance with and Russian languages” Part 2 of Article 86 of the CEC (Shymkent). 108 CONSOLIDATED REPORT CONSOLIDATED REPORT As far as telephone fence with metal mesh and conversations are concerned, barbed wire at the top. NPM groups in Karaganda, In Aktobe, Astana and Aktobe, Taldykorgan, Semey, Shymkent open air time lasts Shymkent were not noted. at least one hour (in Aktobe Telephone conversations 1.5 - 2 hours), by cells, during with relatives may take daytime; for pregnant military place with the administration’s servicewomen - no less than permission on the basis 3 hours. of a verbal request at the “Based on the statements detention facility in Astana. of the representatives of the “Use of mobile phones is detention facility, officers prohibited. In exceptional are kept separately from cases people under servicemen, and taken for administrative detention open air separately. may approach the head of The open air time is the detention facility with a determined by the detention request to call their relatives” facility administration taking (Almaty). into account the internal The open air yard consists schedule and weather of two premises –one for conditions. Open air time the convicted and one for of the convict is subject to persons under administrative the decision of the head of detention, where there is a the detention facility, guard bench and a shed (shift) commander and may (Karaganda). A pull-up bar be terminated early should he and parallel bars are available violate the Rules” (Aktobe). in Karaganda and Astana, and There is an open air yard only one pull-up bar in Almaty. for 10 servicemen (Semey). In Taldykorgan and Shymkent During detention, (and detention facilities of servicemen continue to other regions) there is not improve their combat training any sports equipment andthe according to the set schedule. yard is fenced off with a 3m Training takes place at the CONSOLIDATED REPORT 109 drill field (Almaty). absence of detainees at the “In the open air yard of the detention facilities, the NPM Taldykorgan detention facility groups could not ascertain there is a meshed premise whether the servicemen resembling a cage, equipped were aware of their rights, with a lock. the complaints procedure, The accompanying person the lost remuneration during explained that this was a detention and non-inclusion premise for violent detainees. of detention time in the For physical activities of those overall conscription time. under arrest there is a special Complaints are filed during premise equipped like a sports the daily cell rounds (Almaty, hall with sports equipment Shymkent), during a personal and fitness machines; the appointment with the head premise is separate, located (Almaty, Shymkent), across the drill field from the by way of a registration in detention facility yard. It was the Book of suggestions (in not possible to clarify whether Almaty there have been no this was really the case and entries since 2016, Shymkent), whether persons under arrest prosecutor’s complaints boxes had access to the sports hall (Taldykorgan, Astana, Semey, because detainees were not Shymkent; in Almaty the box there” (Taldykorgan). was located on a window sill), Complaints procedures. hot lines (Almaty). Based on the report from In case a petition is filed, visiting the detention facility it is included in the detained in Karaganda it appears that serviceman’s personal record each detainee is acquainted (Shymkent). with the rules of In Shymkent the Head of detention and their rights. the detention facility also However nothing is stated in receives relatives of detained relation to the confirmation servicemen and other persons of the above (log, journal, in his office according to decree etc.). Due to the the schedule posted at the 110 CONSOLIDATED REPORT CONSOLIDATED REPORT information stand. activities, are prohibited on In Almaty and Shymkent the territory and detainees are given paper within the buildings: of the and pen, according to Armed Forces, other forces the detention facility and military formations, other administration. services related to public NPM groups have not security, and the protection recorded any complaints or of life and health of persons, suggestions. according to sub-item 2 item In Almaty there was no 3 article 7 of the Law of the book of reprimands and RK “On religious activities encouragements for suspects and religious associations”. and the accused according to According to part 4 the form under the “Rules”; article 7 of the Law of the in Taldykorgan the RK “On religious activities box “does not ensure the and religious associations”, anonymity of the complaining “Persons kept in special party” It was recommended to institutions that ensure install it.In Shymkent this box temporary isolation from was found in a location not the society, penitentiary accessible to the servicemen institutions, or patients of - at the checkpoint. healthcare organizations Right to religious practice. offering hospital care, persons Paragraph 6 of the Law of the receiving social support RK “On religious activities in disability and elderly and religious associations” of residential institutions, shall 11.10.2011 #483-IV states at their request or at the that: “Each person has the request of their relatives in right to religious and other case of ritual needs have clergy beliefs”. invited from the religious Execution (conduct) of associations registered in religious rites and services, the order established by the ceremonies and (or) other legislation of the Republic meetings, as well as missionary of Kazakhstan. At the CONSOLIDATED REPORT 111 same time the execution of religion, the accompanying religious rites, ceremonies personnel noted that their and (or) meetings must not institution, daily routine, hinder the activities of the do not foresee a religious said organizations or violate component” (Almaty). rights and lawful interests of “According to the acting head other persons”. of detention Zatybekov K.G., There are no special there have been no believers premises for religious rites among the detainees” in the detention facilities in (Shymkent). Karaganda, Aktobe, Astana, Personnel training Semey, Shymkent. NKM within the framework of groups have not noted this CST is conducted regularly during their visits to (Karaganda, Taldykorgan; Taldykorgan and Almaty; in Astana - “according to execution of religious rites the schedule”), another locally is not prohibited in report says: “not envisaged” Karaganda. According to (Karaganda). CST is staff, “it is prohibited to conducted once per month execute religious rites in (Aktobe, Shymkent), at least the armed forces of the for one hour in Shymkent. Republic of Kazakhstan” It is noteworthy that the (Aktobe, Taldykorgan). “Each NPM group in Almaty noted detainee has the right to copy-books with notes which religion without violating point to the studies of the the daily routine of the detention facility staff. institution” (Astana). “Within Subculture was not the framework of restrictions noted (Aktobe, Taldykorgan, imposed by the Law of the Astana). NPM groups have RK “On religious activities not discovered any cases of and religious associations” torture. (Semey). “In response to The main conclusion of the question about the the analysis of the NPM opportunity to practice group reports is: there is no 112 CONSOLIDATED REPORT CONSOLIDATED REPORT uniformity of practice in the yard with sports equipment; approach to ensuring and procure kitchen ware. observing the rights of Taldykorgan - 5: equip the persons kept in detention: detention facility yard with one thing may be the norm minimal sports equipment in one region, but not in (pull-up bards, parallel bars); the other (this applies to install forced ventilation in the following issues: radio cells; conduct outlets, deliveries, religious regular preventive talks rites, medical kits, medical with the personnel to prevent offices, conditions for food torture and other inhumane preparation and eating, and degrading types of lighting). At the same time treatment and punishment; previous consolidated reports install a complaints box did not assess the persistent to collect complaints and situation. suggestions in a place NPM groups have issued accessible for detainees, and the following recommen­ re-equip the windows in the dations to the detention cells in a way for the detainees facilities administrations: to be able to open ventilation Karaganda - 1: set up a windows on their own; medical office in the detention Astana - 3: allocate a facility of the military police of premise for the medical office the Karaganda garrison and equipped with the necessary procure a standard medical medications to offer medical kit for first aid purposes; aid, and ensure round-the- Aktobe - 6: place clock availability information stands with the of medical personnel in information on rights and the institution during the responsibilities; establish detention of people in the sanitary facilities, faucets and facility; install waste bins drinking water containers; in the yard; supply fiction, dismantle windows that textbooks and paper-based restrict air intake; equip the information resources to the CONSOLIDATED REPORT 113 library of the institution; security devices # 4541 Almaty - 3: Ministry of dated 30.12.2017 and # defense of the RK: develop an 185 dated 20.01.2017; two Order on the standards and other recommendations were sizes for cell-based detention fulfilled. in line with international and On the execution of national norms; recommendations submitted detention management to detention facilities in 2016 - place information with In 2017 all telephone numbers and recommendations were addresses of the Human executed by the detention rights ombudsman of the RK, facility in Karaganda (checked participants of the NPM in during an interim visit). Almaty and Almaty province, The detention facility in superior authorities and Shymkent did not install video prosecutors offices on the cameras in line with the NPM information stands located group’s recommendation in in the cells and corridors; 2016. strengthen artificial lighting In Aktobe problems persist in cells where windows are in relation to the absence of facing a tall wall, surrounding kitchen ware, equipment for the internal territory and food heating, dish cleaning, preventing natural light; sports equipment, sanitary Shymkent - 3: install facilities and access to technical security devices drinking water, personal (video cameras), shower hygiene; to serve a one-day diffuser, boxes for confidential detention the servicemen complaints in a place have to travel from Aktau for accessible for the detainees. two days. The response of the In Astana the following military police department issues remain unresolved # 1937 dated 21.06.2017 since 2016: remoteness of states that requests had been the medical personnel from made to install technical the detention facility; cells 114 CONSOLIDATED REPORT CONSOLIDATED REPORT for arrestees do not satisfy human rights institutions sanitary norms. and organizations in the The detention facility in Republic of Kazakhstan; Taldykorgan has executed four three cells were closed due recommendations: dividers, to the absence of windows soap boxes and hangers for (for convicted servicewomen loofahs were installed in the - 1 person, temporary shower room; detention rooms - 2 persons; toilet paper hangers interrogation room); cell were installed in the toilets; doors with bars were replaced arrestee cells were equipped with doors with wickets; with a separate drinking glass filling of the skirting on the for each arrestee; medical outside of the detention kits were equipped with building was completed. cordiamin and nitroglycerin. Two recommendations were One recommendation partially fulfilled: medical was fulfilled partially: the office was established, box for complaints and reporting to the head of the suggestions was procured, detention facility; all outside but not installed. Two cell windows were enlarged in recommendations were not line with the standards. Four 7 fulfilled: hinged windows and recommendations were not forced ventilation were not fulfilled: build a new generic installed. detention quarter; install The detention facility wooden floors in the cells in Semey fulfilled four instead of concrete; arrange recommendations: the yard the presence of medical was equipped with sports personnel at the detention equipment; information facility during weekends stands were equipped with and at night time (round the templates for complaints clock); install a bio-toilet in and petitions, telephone the cells for night time use. numbers and addresses of the military prosecutor’s office, CONSOLIDATED REPORT 115

The situation of persons detained in the institutions subordinated to the Ministry of Health 7 Prepared by: Molchanov Sergey Nikolaevich 116 CONSOLIDATED REPORT CONSOLIDATED REPORT One of the main human 107 reports with rights is the right of citizens recommendations were to the protection of health studied, generalized and and medical care. The analyzed, developed by the Constitution of the Republic NPM participants from 15 of Kazakhstan stipulates regions of the Republic of these rights and guarantees Kazakhstan. The analysis the protection of health and of the reports uncovers and the provision of free medical paints a valid picture of the care as set forth in the situation with human rights legislation. in institutions under the Fulfillment of the mandate of NPM, reporting constitutional rights of the to the Ministry of health. citizens of Kazakhstan to NPM participants in the the protection of health, course of their preventive quality medical care and visits to healthcare institutions state benefits is one of the in 2016 did not discover main streams of the state any specific (proven) cases healthcare policy. and facts of torture in these In 2017 the NPM institutions. At the same time participants organized a number of problems related 107 visits of healthcare to the violation of human organizations in the regions rights were identified. of the RK, including: NPM participants • TB dispensaries, noted that one half of the hospitals and TB offices - 47; institutions reporting to the • psychiatric hospitals - Ministry of health, visited 32; by the NPM participants, • narcological hospitals were located in buildings and - 28. premises in need of capital Compared to 2016, when refurbishment or of a transfer 167 institutions were visited, to generic purpose-built the number of institutions medical buildings. Minor visited declined, which is refurbishment is needed in associated with the reduction 80% of the visited institutions. in funding. A large portion of the visited CONSOLIDATED REPORT 117 institutions are located in the psychological and emotional buildings built in the second pressure remains unresolved half of the previous century, - healthcare personnel and are not in line with the continuously works in contemporary sanitary and immediate contact with ill epidemiological norms for people, whose alcoholism patient residency in medical and drug addiction are institutions. exacerbated by psychological One of the most wide- disorders, but the healthcare spread problems of professionals receive no closed institutions are the mark-ups to the salaries. It unsatisfactory sanitary and is necessary to re-initiate hygienic conditions. Most the request to the Ministry managers of treatment and of health to introduce extra prevention institutions are pay for psychological and in no hurry to apply the emotional pressure for provisions of the sanitary rules healthcare personnel. “Sanitary and epidemiological There are some positive requirements for healthcare changes in the equipment of institutions” #127 dated healthcare institutions with February 24 2015. At the infrastructure for people same time it is important with special needs: separate to understand that the rooms were equipped and insufficient number of sanitary routes were established facilities and sinks, lack of for wheelchair users. At personal hygiene resources, the same time healthcare presence of outside toilets institutions in the majority in anti-sanitary condition of cases have not responded and other limitations of the to the recommendations of normal sanitary and hygienic NPM participants on the conditions are one of the establishment of a relevant forms of cruel and degrading entity for people with special treatment. needs. Despite numerous petitions to the MH RK, the issue of extra pay for 118 CONSOLIDATED REPORT CONSOLIDATED REPORT Narcological organizations treatment in department for mandatory treatment #2, because the women Overall the situation with are restricted in their rights medical services in this type to visits, walks, rest, work, of institutions is considered sufficient living standards. satisfactory. There are significant issues Monitoring of narcological with the enforcement of such institutions, conversations patients’ rights to dignity with the personnel and the and security of person on patients make is possible part of the personnel of the to conclude that there are department. systemic problems in the Furthermore, all patients treatment approaches to undergoing mandatory people with dependencies. treatment at the CNCMSC There is no individualized continue to complain about approach to the treatment of insufficient enforcement of patients, and the psychological their right to communication treatment approach is a with the outside world in formality. Priority attention the form of visits by relatives is given to drug-based because such visits are limited treatment. It is necessary in time. to expand the application of For TSPE “East Kazakhstan ergotherapy, psychotherapy, oblast narcological social work with the patients, dispensary” in Ust- in other words, rehabilitation Kamenogorsk, in the opinion activities. of NPM, the building of Based on the comments, the narcological dispensary the following narcological does not satisfy sanitary institutions may be noted: norms which significantly city narcological center of narrows the opportunities for social and medical correction, successful treatment of drug Almaty. Of special concern and alcohol addiction. In to the NPM participants in this connection the rights of the course of this visit was the patients to information, the situation of women quality meals, comfort and undergoing mandatory personal hygiene are not fully CONSOLIDATED REPORT 119 enforced. NPM participants the opinion of the group in East Kazakhstan province members, patients’ stay in also made a suggestion to such an institution cannot be UZ EKP to consider replacing productive. The premise itself the management of the is not up to the established EKP narcological dispensary standards, which is noted in which failed to address the report. Expensive drug problems related to the therapy does not generate activities of this healthcare results; in the opinion of institution. The problems specialists, patients relapse are not being resolved as soon as they return home, and recommendations are and many spend years in it. ignored. At the same the In the opinion of the group recommendations are not participants, the ministries hard to fulfill: equip the of health and justice should dispensary with infrastructure pay special attention to this for people with special needs entity because it is in need (ramps). There is a call button of drastic changes. Same for people with special needs conclusions were made by at the doors, but there is NPM participants for NKP no infrastructure for the after visiting the “Oblast movement of this category narcological dispensary” of the of citizens; place the menu Akimat of North Kazakhstan in the cafeteria every day; province: Patients have make the entertainment low motivation to get well, rooms more appealing (board the assistance of relatives games); resolve the issue of is limited. Rehabilitation quality cleaning in the rooms programs are needed. because disorder was noted One should note that based in many rooms; equip the on the results of inspections territory of the yards with in 2016 no problems were benches, gazebos, install identified in GKP PHV waste bins. “ONRC” “Department As for SPE REM “Oblast under the Akmola oblast narcological dispensary” narcological hospital”, Seleta of the Almaty province, in v., Ereymentaussky district. 120 CONSOLIDATED REPORT CONSOLIDATED REPORT Reorganization of the medical including economic issues complex into a branch of and the treatment process. TSPE “Oblast narcological NPM participants note that it rehabilitation center” under would be more reasonable to the Health department of give back its autonomy to this the Akim of Akmola province institution. led the healthcare institution which dates back to 1982 Psychiatric hospitals to the verge of closure, During visits to despite it being a town- various psychiatric and forming government medical neuropsychiatric institutions, institution that provides the NPM members identified stable employment to 105 various problems that need people. The reorganization to be resolved. was caused by the outflow It should be noted that of a significant portion of the number of violations healthcare personnel which of patients’ rights in led to increased psychological Almaty region is very much and physical pressure on bewildering, despite the the remaining healthcare existence of the Republican professionals, abolishment of Scientific and Practical payment for night shifts and Center for Mental Health reduction of salaries. Since there (Almaty), whose this institution is located management positions itself in a “dead end” quite far as the followers of the leading from the oblast narcological scientific community in the center (more than 400 kms), treatment of mental illness. its transfer to the Selety In particular, the following settlement, an administrative violations were detected in unit of the Eremeytaussky the Republican Scientific and district, led to its degradation Practical Center for Mental whereas its deprivation of its Health in Almaty: lack of legal and financial autonomy legally guaranteed rights dooms it to a slow extinction. for telephone calls, absence There are difficulties of walks in the winter as a related to any decision violation of human rights CONSOLIDATED REPORT 121 amounting to degrading ignored from 2015). treatment. Experience shows In the children’s unit there that such patients need are no toilet bowls and urinals socialization. Long stays in for children. The sink is in the the hospital alone will not bathroom. There is no soap be of use even for healthy or towels. According to the person. staff, the children go to the Most patients undergo toilet accompanied andthey voluntary treatment according are given toilet paper, and to papers, but in fact, at the then they are escorted to the relatives’ wish, being not bathroom for washing hands. recognized incompetent. However, during our visit a Patients are not informed child aged about 4-5 years about the procedure for old went alone to the toilet discharge. All respondents unaccompanied, without do not know their diagnosis, toilet paper, and after the are not informed about toilet he did not go to the the treatment, about given bathroom and did not wash drugs, preparations, their his hands. Thus, the NPM side effects, which is a direct members found out that there violation of Article 91 of was only one tap and sink in the Code “On the Health of the unit, and only one toilet the People and the Health for girls and one for boys. System”. Most respondents The shower rooms are reported that their health dirty in the narcology unit. condition worsened after The ceiling is covered with hospitalization. Also the mold. Unauthorized “smoking NPM members demand to rooms” are arranged in the provide patients with the hallway of the shower room necessary hygienic supplies, and the male toilet. It has an namely toilet paper, soap for untidy look. It smells damp. individual use, toothpaste The ceiling is covered with and brush, to ensure that mold. women are provided with The signs on all of the hygiene products (this doors of units are only in the recommendation has been state language. Also, stands 122 CONSOLIDATED REPORT CONSOLIDATED REPORT relating to safety measures not as a pedagogical task are only in the state language, entrusted to caregivers which infringes the rights of and an institution, but as a patients. The NPM members medical problem of the child in the Almaty region gave himself, the frequency of detailed recommendations hospitalization will continue. to the management of the It is necessary to stop this Republican Scientific and practice. Practical Center for Mental When talking to patients, Health to eliminate violations. many do not know when Mental Health Center, they will be discharged, do Almaty: In the medical case not know about their rights, histories of children from the that in case of voluntary corrective children’s home admission they have the right “Zhanuya” it was indicated to be discharged on the basis that they were hospitalized of their own application, i.e., for the purpose of behavior they are dependent on the correction. The number of will of relatives. Patients hospitalization of children for are not provided with the correction amounts to 17, 13, necessary hygienic supplies, 6 times. The NPM members namely toilet paper, soap for in Almaty region think individual use, toothpaste that the so-called “difficult and brushes, women are not children” need real help, and provided with sanitary pads, not chemical control which is and pieces of sheets are given used in a psychiatric hospital. out instead of sanitary pads. Moreover, children’s homes Some patients told their have a whole staff of educators, stories of hospitalization.We psychologists, speech are telling the most “ordinary” therapists, defectologists one: “A nurse began to pull who are authorized to solve me, then hospital attendants the problem of children’s and a nurse caught me and led behavior and find the true to another room. They began cause of children’s problems. to undress me violently, one While problems in the child’s of the attendants was a man behavior are considered (here a girl was crying), I was CONSOLIDATED REPORT 123 frightened and began to overcrowding of the MCMH undress myself, because they with patients, if possible, it threatened that otherwise is necessary to increase the they would give an injection. number of wards (provide a I feared for my baby, because bed for each patient), equip I was pregnant”. them with furniture. Also it is Thus, cruel and degrading required to bring the number treatment is practiced by of sinks and toilet bowls into personnel of emergency accordance with the norms. psychiatric care and Similar problems were personnel in the reception noted in the Rudnenskaya room. Sanitization (bathing) Psychiatric Hospital of of patients should be done Kostanay Regional Health without the participation of Department. In particular, employees of the opposite the hospital needs to expand sex. These seemingly simple the area and do repairs. The rules are unknown to the norms of quadrature per bed employees of the regional are not observed, the group medical institution. psychotherapy is not systemic Many psychiatric hospitals in nature, and there are no logs are located in buildings of an reflecting the dynamics of outdated type that do not psychotherapeutic processes. meet modern requirements; The individual activities are the State Municipal not recorded. There are no Management Organization laws regulating the work of a “East Kazakhstan Regional psychologist. The treatment Psychiatric Hospital in the basically has a monotonous village of Novo-Kanayka” can medication character and be given as an example. there are no rehabilitation The NPM members in measures. There is serious Astana, when visiting the lack of psychiatrists, and a Medical Center of Mental high workload on the doctor, Health, noted overcrowding which directly may affect in the wards of the unit, the quality of treatment. insufficiency of bedside Patients of Kostanay tables. In connection with the Regional Psychiatric Hospital 124 CONSOLIDATED REPORT CONSOLIDATED REPORT

Photo #1. “Main” entrance to Photo #2. Sink in the EK PH in Novo-Kanayka women’s unit #2

Photo #3. Toilet in the Photo #4. Toilet in the men’s women’s unit unit CONSOLIDATED REPORT 125 complained of ill-treatment boxes and personnel toilets, by medical personnel. as well as provide pedal It should be noted that it is release valves for flushing in the psychiatric institutions cisterns in all toilets. There that the rights of patients are are no pedal release valves on most violated. This is most the toilet bowls and this does likely due to the underlying not concern the management disease of these people and of TB institutions, which the inability to assert their naturally leads to the rights. incidence of tuberculosis among health professionals themselves. TB institutions Numerous violations In quantitative terms, most of paragraph 69 of the often the NPM members in abovementioned order have 2017 visited institutions for been identified in the units of the treatment and prevention the Regional TB Dispensary of tuberculosis. As in the past - elimination of current year, violations were in the defects (liquidation of leaks field of sanitation and hygiene, on ceilings and walls, traces food, dilapidated buildings of of dampness, mold, cracks, medical institutions, etc. holes, potholes, restoration The NPM members of delaminated tiles, flooring noted numerous violations defects, etc.). of Order No. 127 “Sanitary Provisions for disabled and Epidemiological wheelchair users are lacking Requirements for Health in certain areas, and toilets Facilities” dated 24.02.2015. are not equipped with special In particular, paragraph appliances in the form of 29 - in the infectious, staples built into the wall, and tuberculosis, dermatological there are no ramps. and venereological units In face-to-face it is necessary to install communication with patients, washbasins with elbow the NPM members in SKR operated or non-contact taps have revealed that the in the locks of boxes, semi- quality of the prepared food 126 CONSOLIDATED REPORT CONSOLIDATED REPORT is unsatisfactory, and an themselves did not know how insufficient quantity of meat patients brought alcohol into is cooked for dinner. The the institution. Moreover, menu does not correspond one of the security officers, to the planned one (Regional who was on duty during the TB Dispensary in Shymkent). monitoring, was also drunk Also the floors in the premises He smelled of alcohol. Thus, of the buildings are wooden it can be concluded that or covered with old linoleum security officers provide and in each building there is a for the transfer of alcoholic shower room and water heater beverages to the territory of which has been inactive for the institution. 2 months. Bedding and bed The problem with drinking linen are in poor condition. water remains in the Temir There are no ceiling lamps District TB Hospital in Shubar in the wards. Toilet facilities village (this is a medical are in working condition, but institution of an infectious require replacement. profile!). Patients from remote When visiting the Hospice areas of the region stay in a for TB Patients in Aitekebi medical institution for a long district with departmental time andrelatives cannot subordination to the Health always visit themprovide Office of Aktyubinsk region, them with drinking water, the NPM members have or periodic printing For noted that the situation in these reasons it is necessary the hospice can be assessed to solve the problem of as unsatisfactory. The providing drinking water and atmosphere is depressing. In newspapers. addition, it is worth noting TB sanatoriums do not that the medical staff is not always meet their intended doing proper work with purpose. According to the patients and there is no results of the visit, the psychologist. In particular, following recommendations some patients were drunk were given to Children’s during the visit of the NPM TB Sanatorium “Kunshuak” group. The health workers in Taldykurgan: solve the CONSOLIDATED REPORT 127 problem with the repair of lack of structured activity: shower taps, buy mats for the there is no labor practice bath so that children do not for sick people in the day touch the concrete floor with regimen which leads to the their feet. Children’s leisure in destruction of work skills and the open air is not organized in personal structures that can the institution of a sanatorium lead to emotional outbursts type. It is necessary to equip and interpersonal conflicts playgrounds (playgrounds between patients, between and sports grounds are not patients and medical staff, properly equipped). The patients and security territory of the sanatorium officers. In addition, the lack should be improved since of the prospect of an early the territory adjacent to discharge from the hospital sleeping buildings is not well- provokes a manifestation of developed and the asphalt psychosomatic symptoms: paths are in a depressing state irritation, emotional fatigue (pits and ruts). It is necessary from monotony, including to provide children with food, a sense of being hospital linen (mattresses and cornered, etc. By half of pillows) in proper condition. the period of compulsory The problem of socio- treatment, patients are in a psychological support of state of acute psychological patients under compulsory crisis. treatment still remains. And given that the majority of patients have a concomitant Conclusions and diagnosis: mental and recommendations behavioral disorders due The conclusions and to alcohol and opioid use recommendations of the (diagnoses are determined NPM members who visited and confirmed during passing health facilities in the period the Centralized Medical under review are based on Advisory Commission), the norms of the current behavioral disorders intensify legislation of the Republic of against the background of a Kazakhstan and international 128 CONSOLIDATED REPORT CONSOLIDATED REPORT standards. of providing psychiatric Most of the care, despite significant recommendations of improvements at the legal the NPM members are level, follows the historically concrete proposals for the established procedure when regional administration, it performs the functions of administration of institutions controlling, deterring, limiting and management of agencies and isolating patients. Lack to eliminate inconsistencies of activities by interests and in living quarters, sanitary and passive pastime lead to further hygienic conditions, medical degradation of a person, loss services, food conditions, of social, household and conditions for sport and life skills. To date, very few communication with the measures have been taken outside world (access to to create alternative types of media, visits, telephone psychiatric services, as well conversations), etc. as to de-institutionalize the It is submitted that existing system. a set of such proposals (recommendations) for the regions should be taken MINISTRY OF HEALTH AND under the control of the ITS LOCAL UNITS: Ministry of Health, the staff of the General Prosecutor’s 1. It is necessary Office of the Republic to continue constant of Kazakhstan to adopt information work among staff measures of prosecution of both central authorities and response provided by law. subordinate, territorial, local The majority of problems units and institutions on the in health facilities visited importance and significance are related to the lack of the national preventive or underdevelopment of mechanism for combating rehabilitation in patients’ torture and degrading therapy. This is especially treatment. It is necessary to true for psychiatric take administrative measures hospitals where the system to the heads of medical CONSOLIDATED REPORT 129 institutions who do not “Sanitary and Epidemiological comply with the provisions Requirements for Health of regulatory and legal acts of Facilities” approved by order the Republic of Kazakhstan No. 127 of the acting Minister and allow themselves not to of National Economy of the fulfill/ignore the provisions Republic of Kazakhstan dated of the Code “On the Health 24 February 2015, especially of the People and the Health sanitary units, plumbing System”; communications and devices 2. The management of (both in quality and quantity); medical institutions should 4. The Ministry of Health strictly observe the rights should immediately consider of patients (Article 91 of the issue of including the the Code “On the Health elements of occupational of the People and the therapy, psychotherapy, Health System”), the current social work with patients, SanPiN norms for providing i.e. rehabilitation, in the patients with hospital linen treatment process. The and equipment,observe Ministry should also increase food standards, issue soap, the number of social workers detergents and other hygiene and lawyers to strengthen products. Furthermore, the the rehabilitation and help management and medical patients in case of violation institutions should not of their rights (property, civil, infringe patients’ right to daily etc.). It is known that people walks and communication with intellectual disabilities with the outside world, and mental illnesses cannot especially in psychiatric often organize their lives, institutions where patients protect their civil, economic, do not have the opportunity educational, housing and to communicate freely with other rights. Therefore, they relatives by telephone; need comprehensive support, 3. Administrations of including socio-legal, socio- medical institutions should pedagogical and other types bring the hospitals in line of services. The services with the sanitary rules of that people with mental 130 CONSOLIDATED REPORT CONSOLIDATED REPORT disabilities and psychiatric 17.12.1991: “Any patient in a illnesses need include life psychiatric institution has the escort and protection of right to privacy”; rights, ensuring safety and, if necessary, household THE GOVERNMENT services, hygiene, technical OF THE REPUBLIC OF aids and means of care. These KAZAKHSTAN: services are important and should be included in the 8. The Ministry of Health rehabilitation and patient shall submit proposals to care at the inpatient stage; the Republican budget for 5. Medical institutions the construction of new that have received the buildings and premises for recommendations of the medical organizations located NPM members after a currently in unfit buildings preventive visit should take that do not meet the profile all possible measures within requirements. the available budget to eliminate all deficiencies in the conditions of keeping and treatment of patients; 6. Conditions for wheelchair users shall be provided in all hospitals; 7. Administrations of medical institutions shall provide patients of psychiatric institutions with the right of patients to privacy. This right is enshrined in the Principles for the Protection of Mentally Ill Persons and the Improvement of Mental Health Care adopted by the UN General Assembly in resolution 46/119 dated CONSOLIDATED REPORT 131

The situation with minors in institutions subordinate to the Ministries of Education and Science, Internal Affairs and Health of the Republic of Kazakhstan

Prepared by: Akylbekova Roza Maksatbekovna Baisakova Zulfia Mukhamedbekovna 8 Shambilov Azamat Samatovich 132 CONSOLIDATED REPORT CONSOLIDATED REPORT The situation of children communication with nature, in closed institutions under etc. In this regard, it is the mandate of the National proposed to strengthen the Preventive Mechanism work of existing institutions (hereinafter NPM) of the and units of local executive Republic of Kazakhstan bodies and join forces in the includes an analysis of best interests of the child in the situation of children accordance with Article 6 of in Kazakhstan in terms of the Law “On the Rights of conditions and risk factors the Child”. Legal protection for the positive development covers all spheres of the of the child. The issues life of minors: upbringing, relate primarily to the education, health, labor, social prevention of torture, cruel security, leisure, as well as or degrading treatment and legal protection of children in punishment, and directly the sphere of administration affect health, child safety, of justice. An effective access to education and policy of the best interests comprehensive development. of the child under Article Over the past 4 years, 3 of the UN Convention many things have been on the Rights of the Child, accomplished: infant and Comments of the General child mortality has decreased Order No. 14 (2013) of the several times, a network of UN Committee is impossible children’s institutions has without systematic work been rebuilt, new schools and a unified strategy. are being built, children are After the completion of the involved in new types of state program “Children of extracurricular activities and Kazakhstan” in 2011 and up they have the opportunity to the present, no strategy to expand their horizons or national plan of action for and skills in additional children’s rights has been education organizations, adopted. In particular, the through cultural events or Plan of Action for Human CONSOLIDATED REPORT 133 Rights and the Child has not or degrading treatment, been developed. The Civil punishment or torture. Society prepared the National This report was prepared Action Plan for Human on the basis of written Rights for 2017-2021, which reports on the visit in a includes the Concept and form approved by the 23 thematic sections, one of NPM Coordination Council which is devoted to the rights under the Commissioner of the child. for Human Rights. The This report seeks to report has been signed by identify the situation all members of the group regarding respect for the who have made a preventive rights of the child in closed visit. The NPM members institutions subject to the used a variety of methods NPM mandate in order to collect information about to identify the necessary the conditions of stay and measures to improve the the attitude of staff towards situation in the realization minors in the institution, of the rights of children and primarily by paying attention protection of their interests. to respect for human The NPM members on the dignity. Conversations are prevention of torture in conducted with children monitoring these institutions kept in institutions and of the Ministries of Education organizations subject to and Science, Internal Affairs preventive visits and (or) their and Health of the Republic legal representatives without of Kazakhstan investigated witnesses, as well as with the situation related to employees; monitoring of the respect for children’s rights in behavior of minors is carried these institutions in terms of out; the documentation on maintaining human dignity, the management of the case the constitutional principle of (case) is studied, complaints its inviolability, consequences and reports about the use or conditions of cruel of degrading treatment and 134 CONSOLIDATED REPORT CONSOLIDATED REPORT punishment are accepted; known during preventive the answers of the Ministries visits. During visits the NPM of Health, Education and members are guided by the Science, Internal Affairs of legislation of the Republic of the Republic of Kazakhstan Kazakhstan, which regulates on the implementation of the NPM and act in the best the recommendations made interests of the child. by the NPM members for The dynamics of the birth the creation of favorable rate of children in Kazakhstan conditions for the stay of shows its growth. According minors in closed institutions to the Committee for and friendly attitude towards Statistics of the Ministry of them are studied. National Economy of the Resolution of the Republic of Kazakhstan, the Government of the Republic number of children aged 0-17 of Kazakhstan No. 266 dated years was 5 623 387 children, 26 March 2014 defines rules with a ratio of 51/49 (boys / for preventive visits by groups girls). formed from members of Number of children aged the national preventive 0-17 years by regions, 2017. mechanism, as well as types In Kazakhstan, as of the of preventive visits (periodic, beginning of 2017 in total 2 intermediate, special). 618 044 children (47%) lived The NPM members in rural areas and 3 005 343 attending children’s (53%) of the total number of institutions show respect for children aged 0-17 years in minors who are in institutions the urban area. Most rural and organizations, as well children lived in the South as for the staff of these Kazakhstan. institutions and organizations. Based on the content of the The NPM members maintain Optional Protocol (Article 4), confidentiality and do not the system of regular visits of disclose the personal data NPM should cover all places of persons which became under the jurisdiction and CONSOLIDATED REPORT 135

General population Urban population Rural population Regions Total girls boys Total Boys girls Total boys girls Kazakhstan 5623387 2 889 156 2734231 3005343 1 547 558 1457785 2618044 1 341 598 1276446 Akmola 196 956 101 073 95 883 93 510 48 185 45 325 103 446 52 888 50 558 Aktobe 261 022 134 536 126 486 160 604 82 958 77 646 100 418 51 578 48 840 Almaty 668 697 343 194 325 503 158 525 81 403 77 122 510 172 261 791 248 381 Atyrau 220 884 113 554 107 330 106 251 54 507 51 744 114 633 59 047 55 586 WKR 182 762 94 344 88 418 88 850 45 669 43 181 93 912 48 675 45 237 Zhambyl 414 730 212 819 201 911 159 524 82 114 77 410 255 206 130 705 124 501 Karaganda 368 208 188 586 179 622 285 265 146 165 139 100 82 943 42 421 40 522 Kostanay 205 593 105 410 100 183 105 395 54 278 51 117 100 198 51 132 49 066 Kyzylorda 287 083 147 442 139 641 126 543 65 040 61 503 160 540 82 402 78 138 Mangistau 245 315 126 535 118 780 99 219 52 487 46 732 146 096 74 048 72 048 SKR 1167684 598 956 568 728 512 242 263 577 248 665 655 442 335 379 320 063 Pavlodar 191 829 98 576 93 253 129 334 66 316 63 018 62 495 32 260 30 235 NKR 135 903 70 092 65 811 55 332 28 646 26 686 80 571 41 446 39 125 EKR 353 330 181 288 172 042 201 358 103 462 97 896 151 972 77 826 74 146 Astana city 298 360 153 197 145 163 298 360 153 197 145 163 - - - Almaty city 425 031 219 554 205 477 425 031 219 554 205 477 - - - Source: operational data of the Committee for Statistics of the Ministry of National Economy of the Republic of Kazakhstan control of the State “where any judicial, administrative persons who are deprived of or other authority”. Today the their liberty are held or may institutions where juveniles be held by order of the state are placed are under the NPM’s body or at its direction, or competence: penitentiary with its knowledge or tacit system (institutions of consent (hereinafter referred the penitentiary system, to as places of detention)”. At investigatory isolators of the same time, “deprivation the NSC), internal affairs of liberty means any form of bodies (temporary detention detention or imprisonment or facilities, special reception placing a person in a public centers), public health or private place of detention institutions (psychiatric, that this person does not narcological, TB hospitals), have the right to leave of education (Centers for their own will, by order of Adaptation of Minors, special 136 CONSOLIDATED REPORT CONSOLIDATED REPORT educational institutions the provisions of international for children with deviant legal instruments in behavior, with a special practice. Approximately 60 regime). international human rights The NPM members instruments have been when visiting closed ratified, 15 of them concern children’s institutions act the protection of children’s in accordance with the rights: the UN Convention legislation of the Republic on the Rights of the Child; of Kazakhstan in the field of the UN Convention on the the protection of children’s Elimination of All Forms rights: the provisions of the of Racial Discrimination; Constitution of the Republic ILO on the Prohibition and of Kazakhstan, the Law of Immediate Action for the the Republic of Kazakhstan Elimination of the Worst “On the Rights of the Child in Forms of Child Labor; the UN the Republic of Kazakhstan”, Convention on the Rights of and also the Codes of the Persons with Disabilities; “On Republic of Kazakhstan “On Combating Discrimination in Health of the People and the Field of Education” and the Healthcare System”, other. “On Marriage and Family”, the Laws of the Republic Decrees and Resolutions of Kazakhstan “On Social in the field of protection of and Medico-Pedagogical children’s rights: Correctional Support for 1. Resolution of the Children with Disabilities”, Government of the Republic “On the Prevention of of Kazakhstan No. 983 dated Juvenile Delinquency, Child 18.09.2013 “On Approval Neglect and Homelessness”, of the Register of Public “On Education” and other Services” legal documents. Resolution of the The work is underway in Government of the Republic the republic to implement the of Kazakhstan No. 102 legal framework and apply dated 3 March 2017 “On CONSOLIDATED REPORT 137 Amendments to Resolution Standards of Public Services of the Government of the Provided in the Sphere of Republic of Kazakhstan Family and Children”. No. 754 dated 20 July 2. Order of the Ministry 2005 “On Approval of the of Education and Science of List of Technical Auxiliary the Republic of Kazakhstan (Compensatory) Means and No. 48 dated 6 February Special Means of Travel 2017 “On Amendments to Provided to the Disabled”. the Order of the Minister of 3. Resolution of the Education and Science of Government of the Republic the Republic of Kazakhstan of Kazakhstan No. 176 dated 6 No. 557 dated 10 September April 2017 “On Amendments 2015 “On Approval of the and Additions to Resolution Minimum Social Standard of of the Government of the “Ensuring the Protection of Republic of Kazakhstan No. the Rights and Interests of 1131 dated 23 October Children”. 2014 “On Approval of the 3. Order of the Ministry of Rules for Providing Socio- Education and Science of the Legal Assistance to Persons Republic of Kazakhstan No. who are Registered with the 251 dated 29.05.2017 “On Probation Service”. Amendments and Additions to the Order of the Minister NLAs in the field of of Education and Science of protection of children’s the Republic of Kazakhstan rights: No. 412 dated 30.06.2016 1. Order of the Ministry of “On Approval of the Rules for Education and Science of the the Acquisition of Goods and Republic of Kazakhstan No. Services of Organizations that 84 dated 24.02.2017 “On Perform Functions to Protect Amendments to the Order of the Rights of the Child”. the Minister of Education and 4. Order of the Ministry of Science of the Republic of Education and Science of the Kazakhstan No. 198 dated 13 Republic of Kazakhstan No. April 2015 “On Approval of 285 dated 15.07.2017 “On 138 CONSOLIDATED REPORT CONSOLIDATED REPORT Amendments and Additions Basic Secondary and General to the Order of the Minister Secondary Education)”. of Education and Science of 7. Order of the Ministry the Republic of Kazakhstan of Health of the Republic No. 198 dated 13 April 2015 “ of Kazakhstan No. 39 On Approval of the Standards dated 27 February 2017 of Public Services Provided “On Amending the Order in the Sphere of Family and of the Minister of Health Children”. and Social Development of 5. Order of the Ministry the Republic of Kazakhstan of Education and Science of No. 238 dated 7 April 2010 the Republic of Kazakhstan “On Approval of Model No. 51 dated 6 February Personnel Establishment and 2017 “On Amendments to Staff Standards of Health the Order of the Minister of Organizations”. Education and Science of the 8. Order of the Minister Republic of Kazakhstan No. of Health and Social 528 dated 13 August 2015 Development of the Republic “On Approval of Regulations of Kazakhstan No. 272 dated of Public Services in the 27.04.2015 “On Approval of Sphere of Education and Standards of Public Health Science”. Services”. 6. Order of the Ministry 9. Order of the Minister of Education and Science of of Civil Service Affairs of the the Republic of Kazakhstan Republic of Kazakhstan No. No. 60 dated 13 February 35 dated 16.02.2016 “On 2017 “On Amendments to Approval of the Rules of State the Order of the Minister of Control over the Quality of Education and Science of Provision of Public Services” the Republic of Kazakhstan 10. Order of the Ministry No. 375 dated 17 September of Health of the Republic of 2013 “ On Approval of the Kazakhstan No. 41 dated Standard Operating Rules by 27 February 2017 “On Types of General Education Amending the Order of the Organizations (Primary, Minister of Health and Social CONSOLIDATED REPORT 139 Development of the Republic Special educational of Kazakhstan No. 85 dated 3 organizations of the Ministry February 2016 “On Approval of Education and Science of of the Standard for Providing the Republic of Kazakhstan Primary Health Care in the for children with deviant Republic of Kazakhstan”. behavior. 11. Order of the Ministry Members of the National of Health of the Republic Preventive Mechanism visit of Kazakhstan No. 423 the Centers for Adaptation of dated 15 June 2017 “On Minors, special educational Approval of the Rules for organizations and educational the Application of Chemical organizations with a special Castration” 6. Order of the regime of keeping in Ministry of Health of the accordance with the Law of Republic of Kazakhstan No. the Republic of Kazakhstan 611 dated 16 August 2017 “On the Prevention of Juvenile “On Sanitary Regulations of Delinquency, Child Neglect “Sanitary and Epidemiological and Homelessness”. For the Requirements for Education entire reporting period, all Objects”. NPM members throughout 12. A draft road map for the the country assessed as development of the mental satisfactory the situation health service of the Republic in the visited institutions of Kazakhstan for 2017- subordinated to the Ministry 2018 has been developed of Education and Science of within the framework of the the Republic of Kazakhstan. State Health Development In the educational Program of the Republic of system, 7 organizations Kazakhstan “Densaulyk” for of education for children 2016-2019. At present it is at with deviant behavior the stage of coordination with (Almaty, East Kazakhstan, the structural subdivisions. Zhambyl, Karaganda, Kyzylorda, Mangistau, South- Kazakhstan regions) and 1 education organization with 140 CONSOLIDATED REPORT CONSOLIDATED REPORT special regime of keeping for children with deviant (Belousovka village, East behavior (hereinafter referred Kazakhstan) are currently to as the “SEOCDB”), the subject to attendance by situation is as follows: members of the National The NPM members in Preventive Mechanism. Almaty city and Almaty region In Kazakhstan, special visited the Special Educational organizations for children Organization for Children with deviant behavior with Deviant Behavior in function and are managed January 2017. The SEOCDB by local executive bodies. in Almaty rely on monitoring Juveniles aged 11 to 18 the implementation of the years who systematically previous recommendations commit offenses involving of the NPM members and the administrative measures; results of group and individual evading systematically from confidential meetings with the acquisition of primary, children in the SEOCDB. basic secondary and general When speaking with children, secondary education; there were no complaints systematically making about the quality of medical unauthorized withdrawals care. According to the from the family and children’s administration, the legitimate educational organizations; rights of children to study, performing other antisocial work, communicate with actions are placed for a period loved ones are not violated. of one month to one year in Relatives can visit children these organizations on the at any free time. Children basis of a court order. cannot use their own cell During the period of 2017, phones, but they can use the the NPM members made 7 city phone freely. In addition, visits to special educational they can make cell calls from institutions. Based on the tutor’s phone andthere the results of visits of the are no special obstacles to NPM members to special this. Children themselves educational organizations confirmed this information. CONSOLIDATED REPORT 141 It should be noted that boys - 24, girls - 23. the management of the In the context of the institution carried out the regions, they came from: recommendation of the • Almaty - 19 previous visit - a stand with • Almaty region - 20 information on the rights • West Kazakhstan region and duties of children, and - 6 telephone hotlines and • North-Kazakhstan region contact details of human - 2 rights institutions have been The duration of each installed. child’s stay in the special The atmosphere is healthy educational organization is and there are no conflict strictly observed: children are situations between children admitted to the SEOCDB only and the pedagogical staff. after the court decision comes One feels the attachment into force and leaves strictly of children to a teacher, a after the deadline specified respectful attitude towards in the court’s decision. teachers. The management of When the children leave the institution shows sincere the SEOCDB, in accordance concern about the fates of with the requirements of the children from orphanages, law, the administration of especially those who do the special organization, not not have home It takes an later than 1 month before active part in solving the the end of the period of issues of further education stay, sends a notice to the in the college and residence Commission for the Affairs of minors with sports of Minors and Protection of achievements. To date, the Their Rights at the place of issue of reorganization of the residence about children’s SEOCDB is on the agenda. leaving accompanied As of 27 January 2017 by by characteristics- decision of the courts in total recommendations to monitor 47 children are being brought the behavior of these children in the SEOCDB, of which: and to assist them in further 142 CONSOLIDATED REPORT CONSOLIDATED REPORT household arrangements, Boarding School for Children training and employment. It with Deviant Behavior, in is felt that the attachment which major repairs of the of children to caregivers, building had not been carried respectful attitude towards out since 2013. At the time teachers. The management of of monitoring, current repairs the institution takes sincere of premises and sanitary care of the fates of children in units were being carried out. orphanages, especially those The building is maintained who do not have homes through cosmetic repairs. The and it takes an active part in territory is poorly landscaped. solving the issues of further There are no ventilation education in the college and systems in the rooms. the residence of minors with The furniture is obsolete, sports achievements. The children do not have enough NPM members note that chairs andthere is a lack of communication with relatives wardrobes for clothes and is not violated, but given that shoes. Hot water is supplied children come from different through the Ariston water parts of the country, it is heating equipment. There is unlikely that relatives have no sports hall. Children do the opportunity to come from not have access to computer West Kazakhstan or South technology or the Internet. Kazakhstan. Of particular concern was • In the SEOCDB in Aktau the fact that notwithstanding and other cities there is also that in the warm season positive situation. The NPM children could engage in members note that torture physical exercise on the and ill-treatment have not sports ground, in November it been detected. Conditions was revealed that, according of keeping and educational to the children, they were not process can be assessed as allowed to walk in the territory satisfactory. of the boarding school, • Another situation which violated the rights of arose in Kyzylorda Regional children. Communication CONSOLIDATED REPORT 143 with parents and the outside dispensary with drinking world is not supported. Visits water, but the water bottle are practiced, according to was empty, and there was no the educators, parents visit water or disposable glasses. their children very rarely. The There were no medicines management of the institution to provide emergency care. does not contribute to The recommendations to the establishment of such landscape the territory, communication, which to revise the reduction of violates the rights of children the number of children at to communicate with the boarding schools amounting outside world. Mobile phones to 30 people (taking into are kept by educators, it account the total area of is forbidden to talk with sleeping rooms for ​​boys and parents, which violates girls of 46.3 m2, respectively, the rights of minors. For 9 to 22 people (11 boys and 11 months a minor D. had no girls), to provide washbasins connection with her parents, and towels in the dining in March a minor A. was given room, to install a three-cell 1 phone call for 1 minute by sink were not implemented. the city phone installed in Also the recommendation the reception room. During to provide training and a visit in March 2017, the access for children to a temperature of the air in the computer with the Internet, sleeping rooms was below the appoint a responsible person norm of 17°C, children said for monitoring their use that it was very cold at night. according to the approved At the time of monitoring, plan was not implemented. hot water was turned off, • As a result of the due to the non-working visit to the Municipal Public condition of the bathroom. Institution Boarding School Accordingly, the children for Children with Deviant could not use the bathroom Behavior in Kentau, the NPM for a week. In the dining members in the South of room there was a general Kazakhstan came to the 144 CONSOLIDATED REPORT CONSOLIDATED REPORT following conclusions: to external mechanisms Housing conditions (living for making complaints that quarters) correspond to the are independent of the norms for the residence of institution’s management underage children, namely, (national helpline for children there is control of cleanliness, and youth No. 150). The ventilation, air temperature in management of the boarding the room, change of bed linen. school does not prohibit However, the furniture in the minors from professing their boarding school is old and religion and carrying out requires replacement. There religious rites, but there are is no isolator for primary no special places for religious admission of minors. Sanitary rites. and hygienic conditions • Members of the are satisfactory. The food National Preventive conditions correspond to Mechanism in Mangistau the general requirements of region visited the Regional the institution for underage Special Boarding School for children. There are conditions Children with Deviant Behavior for distribution and reception of the Education Department of food, schedule, cleanliness of Mangistau region in August and adequacy of dishes, 2017. seats in the dining room, The institution is in good taking into account the age condition, but the location characteristics of children. The of the institution is a matter furniture in the dining room is of concern. The institution is old and requires replacement. located next to the building Medical care is provided by a of the pre-trial detention medical professional. Minors centerThe view from the can easily use the services windows overlooks the of medical personnel and barbed wire and into the medical equipment.In the neighboring prison yard. boarding school there is a Following the visit, the box for filing confidential following recommendations complaints. There is no access were made: to resolve the CONSOLIDATED REPORT 145 issue of installing a fence or for persons who have not removing barbed wire from reached their majority, the the fence of a neighboring period of stay is from 2 institution and equip the months to 2 years. summer area. Minors from all over • Specialized Boarding Kazakhstan subject to the School in Belousovka jurisdiction of this institution village. The only Regional are referred to the Municipal Specialized Boarding School Public Institution “Regional in Belousovka village was specialized boarding school created by the decision of the for minors who committed East Kazakhstan Akimat No. criminal acts before they 330 dated 28.12.2002. The reached the age at which they founder of the specialized are responsible”. Given the school in Belousovka village is large length of the territory of the East Kazakhstan Regional Kazakhstan, many families do Akimat. The authorized body not have the opportunity to of the relevant industry, as maintain socially useful links well as the body exercising with the child. the functions of the subject of According to the NPM law in relation to the property members in East Kazakhstan, of the institution, is the State children are kept in a closed Administration of Education institution, and the mail is of the East Kazakhstan region. compiled in the presence of As part of the report a tutor or psychologist. Cell prepared by the NPM phones, piercing and cutting members in East objects are prohibited. The Kazakhstan, according to reason for the ban of cell the administration of the phones in the institution is Municipal Public Institution explained by the fact that “Regional specialized parents, acquaintances, boarding school for minors relatives with their messages who committed criminal acts destabilize the psychological before they reach the age at condition of children, which which they are responsible” leads to violation of discipline, 146 CONSOLIDATED REPORT CONSOLIDATED REPORT provocation of shoots and sphere of minors requires suicidal tendencies. Given correction and positive that children come to this motivation for development. institution from different Due to the small area, parts of the country and they the gym is not suitable for need to realize their right conducting such activities to communicate with the as volleyball, basketball. outside world, an individual According to the polls of approach is required when children in the winter they allowing or prohibiting the would like to engage in such use of a cellular phone. sports indoors. A summer In the boarding school playground for these sports there are all conditions for is available and children play the socialization of minors’ sports on it all their free time. adaptation. There is a The average general computer class (5 computers), education of minors in the an annual comprehensive Institution is differentiated program for the labor camp taking into account their age and rest. and individual characteristics, Most of the teenagers were by socially useful work and brought up in disadvantaged a diverse network of circles. families, many of them The equalization program have a certain baggage of is applied for minors with a negative social experience large pedagogical neglect. and low level of social According to the teachers, immunity formation. The children entering specialized psychologists of the boarding institutions often do not even school Mukaeva Kuralay have an initial educational Toktarkhanovna conducts base, although they reach the corrective classes, group age of 11-18 years. trainings, tests for suicidal Children in institutions risk, and cognitive processes are familiar with the existing for studying and anxiety. complaint mechanism. There The moral, psychological, is a stand “Childhood without emotional and behavioral cruelty and violence” with CONSOLIDATED REPORT 147 telephone helplines. At the village of Belousovka is the time of the inspection, not established. there were no complaints According to the teachers about employees and other themselves, there is a need educational institutions. A to organize retraining and team of teachers conducts further training courses for systematic and purposeful working with this contingent work on the themes of of children. counteracting torture, Minors leaving the humiliating human dignity. Institution ahead of schedule The NPM members have or due to the expiration of revealed that the distribution the period determined by the norms do not correspond to court are sent to the place the actual needs of children of their further arrangement (for example, socks - 3 pairs accompanied by parents or per year, pants, T-shirts - 2 persons who replace them, pairs per year, etc.). and in case of their inability Unfortunately, in this to arrive - accompanied Institution there is no by the employees of the communication with other Institution at the expense of educational organizations; the Institution. career guidance work is not When inspecting the carried out with children. organization, the NPM In the Institution there is a members did not observe any single room for labor training, negative phenomena related complete with drilling and to humiliation of human turning machines to train dignity and cruel treatment, minors. Children are willing punishment or torture. The to engage in this type of relationship between staff activity, but they have and children is friendly. virtually no ideas about other professions (welders, machine operators and other specialties). Communication with the existing college in Conclusions and 148 CONSOLIDATED REPORT CONSOLIDATED REPORT recommendations of the on the placement of a child Ministry of Education and in a specialized educational Science in the organization, the court must 1. Consider the possibility take into account the place of of analyzing the situation residence of family members of the rights and legitimate or legal representatives in interests of minors in a order to maintain contact with specialized boarding school relatives, family members. and schools for children with 5. Ensure the exercise of deviant behavior (the grounds the right to communicate for the placement, including with parents and the the judicial procedure, outside world through video delivery and referral of a communication, skype person to the institution). conferences and other forms. 2.Develop a Strategic 6. Continue work on Plan to improve the planning the conduct of quality of life of children in classes with staff on this Kazakhstan, based on the topic: not all institutions’ staff best interests of the child, are informed of the activities providing for the creation of of the NPM, about its goals effective mechanisms for its and objectives, there is no implementation, provided systematic training and skills with sufficient human, development of specialists technical and financial in working with children, resources, with mandatory developing communication inclusion of issues of skills, identifying victims of improving juvenile justice. cruel and humiliating human 3. Create family and living dignity of treatment. conditions close to the family 7. Carry out work on type model: sleeping rooms informing minors about their for 2-3 children, increase the rights and obligations, the number of social educators, regime of the institution, the introduce best practices in disciplinary requirements, the best interests of the child. the procedure for submitting 4. When making a decision proposals, applications and CONSOLIDATED REPORT 149 complaints, the number of general education school the National Helpline 150 and the system of monitoring for children and youth in two knowledge, skills, abilities in languages, the procedure accordance with the standard. for filing complaints and 10. Conduct training appeals with samples of in child-friendly policy for applications to the relevant staff of security services of authorities, telephone institutions. hotlines, prosecutor’s office, 11. Revise the rules the Ombudsman for Human concerning the distribution of Rights and non-governmental clothing, footwear, and textile organizations, NPM, by products in accordance with placing information stands the needs, taking into account in places accessible for daily the contingent of children in viewing of children and their this Institution. parents. 12. Conduct surveys 8. Train personnel to to identify the level of prohibit torture and other knowledge when referring cruel, inhuman or degrading and admitting to similar treatment or punishment, institutions to determine identify and respond to the level of knowledge and specific cases of torture adjust training programs and other cases of cruel or in accordance with the degrading treatment that identified education base. may be inflicted on children in institutions (involving human Recommendations for a rights experts). specialized boarding school 9. Conduct surveys to in Belousovka identify the level of knowledge 1. Akimat of East of minors when entering Kazakhstan region: review such institutions and adjust the plan for transferring programs in accordance with this special school to the the identified educational Kokpektinsky district of East base, and also not to apply Kazakhstan region (200 km to them the programs of from the regional center). 150 CONSOLIDATED REPORT CONSOLIDATED REPORT Redeployment of the special people who has graduated school will lead to the loss from the special schools. of the teaching staff of the 4. Deaprtment of Health of educational institution, EKR: The Health Department and with it the established shall create a centralized traditions and experience distribution base of medical with young offenders will workers from medical disappear. institutions licensed for this 2.MANAGING Employ­ type of activity. Considering ment and Social Programs the specifics of the work of East Kazakhstan region: of the institution and the to create a unified system of contingent of those who monitoring graduates in order are being educated, many to protect their interests specialists do not go to work (in retraining, vocational for this organization. There training and subsequent job is a high turnover of medical placement). staff. 3. Management of the 5. The guidance to the State Labor Inspectorate of specialized boarding school: the East Kazakhstan region: Consider the possibility in accordance with the of installing toilet room with Constitution of the Republic doors. of Kazakhstan and labor legislation, everyone has the MES RK Minors right to work. A graduate Adaptation Centers. of a specialized institution In the education system, 20 that has reached the age of Minors Adaptation Centers 18, having received certain (hereinafter referred to as the skills and professions, “MAC”) are to be visited by needs an employment. In participants of the national cooperation with the Office preventive mechanism, 13 of for Coordination and Social them in the regional centers, Protection of the Population, and 5 in the cities of Astana, work out a system of Almaty, Semey, Zhezkazgan employment for young and Temirtau. The order of CONSOLIDATED REPORT 151 the MAC activity is regulated In the dynamics for the by the order of the Ministry of period from 2011 to 2016, Education and Science of the it can be noted that until Republic of Kazakhstan dated 2015 the number of children June 18, 2013 No. 229 “On has steadily increased, in the approval by the standard 2016 there has been a slight operating rules of the types decrease, according to the of educational organizations results of 9 months of 2017 for orphans and children left the number of street children without parental care” and is 4667. During 2017, NPM “Model Rules for the Care participants made 20 visits to of Minors in the Adaptation twenty MAC, all visits were of Centers” . The MAC provide an intermediate nature reception and temporary care Neglected children and of watchless and homeless minors who were admitted to minors aged 3 to 18 years, left the MAC, 2011-2017. without the care of parents In the regional context it or persons who replace them, is necessary to pay attention

Source: Committee for the Protection of Children’s Rights, MES KR, 2017 sent to special educational to the fact that the number organizations and who are in of watchless and neglected a difficult life situation due children ending up at the to cruel treatment, which led MAC in the EKO for 10,000 to social disadaptation and children’s population account social deprivation . for 24 homeless children, in 152 CONSOLIDATED REPORT CONSOLIDATED REPORT Astana, 25 children per 10 OOC; thousand children. In the EKR, 89 children were placed the relatively large number is under guardianship and accounted for by the large patronage; number of MACs available 30 children will temporarily in the region - 4 institutions, live in a guest family. Astana, as the capital, is The further fate of the the center of attraction for remaining 135 children is all, including the homeless less benevolent: 107 minors children. referred to special schools for The number of the minors children of deviant behavior, in the MACs is increasing. 21 children transferred to If in 2014 the number of the MAC of other regions, 7 children placed in the MAC children sent to organizations was 6,356, in 2016 7,109, of the MAC type of other an increase by 11.8%. At countries. the end of 9 months. 2017, In the MAC the Family 5,504 minors were placed in Support Service is engaged, the MAC, including 675 left whose activities are aimed without parental care, 4,657 at providing counseling, neglected and watchless, psychological, information 110 referred to special and socio-legal assistance educational organizations to children. Assistance was for children with deviant provided in the registration of behavior, 52 minors in documents to 93 parents and difficult life situations. 104 minors, 118 parents and 5422 children (98.2%) of 125 children were consulted. the minors who entered the Carried out visits to 32 MAC, were organized: families, 34 schools and 17 4741 minors were institutions for orphans and transferred to families; children left without parental 427 children with a new care. The premises in the status of “social orphans” buildings where the Centers referred to the organization are located do not allow for orphans and children, creating decent conditions CONSOLIDATED REPORT 153 for the stay of minors in building was constructed in accordance with established 1970, the physical wear is norms and requirements. 40%), the South Kazakhstan Despite the region (built in 1960). The recommendations of the MAC of Ust-Kamenogorsk Ministry of Education and is still on the books of the Science of the Republic Department of Interior of the of Kazakhstan to improve East Kazakhstan region, there the conditions of stay and is no hot water supply. The treatment of the minors in the building of Taraz MAC found MAC, the complex situation is in emergency state, the remains: toilet is located in the street, • The majority of it may cause dangerous centers it is old, rundown, consequences that threaten with faulty engineering life and health of children, in systems of the building,high spite of this, and children still density of placed children use the building.The MAC and a lack of personal space of Taldykorgan is located for the children are observed. outside the city, in the steppe, MACs in the citiies of Astana, in an ecologically unfavorable Taraz, Karaganda region in the region. bedrooms from 2 to 2.5 meters • Thre are few toys, instead of the prescribed 4 erector sets designed to meters, children sleep in bunk develop children in the game beds. There are no rooms for rooms. physical culture, meetings with after school hours, except relatives, dance classes and for a visit to the library and general cultural events. view television programs Many MAC buildings in most of the time the minors Kazakhstan have served more are left to their own (MAC than 40 years, and require Almaty). All the activities of complete reconstruction the Center’s staff is reduced and major repairs. Thus only to ensure the care of the Zhezkazgan city MAC children, meals preparation. (Karaganda region, the There is a poorly organized 154 CONSOLIDATED REPORT CONSOLIDATED REPORT individual work with the child environment where the laws and his family environment, by which adults live and ways little attention is paid to social of being in the framework and psychological assistance of these laws are mastered to minors in overcoming a (interpersonal relationships, difficult life situation, a formal social roles, moral norms and approach to educational values). work is noted, and modern approaches to working with 2.2 Conclusions and the child are not used. recommendations of the • in many institutions Ministry of Education and there is no information on the Science in the Republic of complaints filing mechanisms Kazakhstan (minors and their parents, guardians are not informed Over the 4 years, year about the organizations to after year NPМ members which they can apply); submit the MES RK the same • not all MAC have recommendations to improve conditions for keeping the performance MAC and contacts with families, there create favorable conditions are no private rooms to meet for the life of children and with children with parents, their development. About a limited meetings are 80% of the recommendations established. have not been implemented, • children do not such as: attend schools, education 1. Develop a design is received in the MAC in of standard building with the cities of Taldykorgan, the design and estimate Almaty. This prevents the documentation for child’s socialization, this construction of new or causes society to receive not renovation of existing so much an educated person buildings in accordance with but a member of society modern requirements to the who knows how to live in conditions of care, sanitation the society. It is in the school and hygiene of minors, with CONSOLIDATED REPORT 155 a list of necessary technical Institution LA-155/6 of equipment. the Department of the 2. Develop a unified Correctional System for standard of quantitative Almaty, Ministry of Interior of and qualitative indicators of the Republic of Kazakhstan. professionals needed to work In the republic there is one with minors in this educational medium security institution institution, determine the for keeping minors (Institution scope of the specialist’s work, LA-155/6) and a local section determine the hourly costs of for girls within the Institution its rehabilitation. LA-155/4. The institution 3. Develop information LA-155/6 contained 49 stands about children’s (2016 - 44) minors serving rights, on complaint filing a prison. In accordance mechanisms, ensure access with the penal enforcement for dial-up service to minors legislation, general education “National helpline for children is one of the main means of and young people No.150”, correcting inmates. A total with samples of how to file of 49 underage inmates are a complaint and appeals being educated. for parents or other legal The building of the representatives in Kazakh institution LA-155/6 of 1941 and Russian languages. The construction, the admission stands be placed at the level limit: 110 seats (Order of the of readability. Ministry of Interior of the 4. Allocate additional Republic of Kazakhstan No. budgetary funds for the 239 of March 15, 2016). The salaries of specialists of the total area of the Institution: MAC Family Support Service, 4.5 hectares It consists of to ensure transportation for administrative buildings, the organization of work industrial zone and residential with family members, taking zone. In the residential area into account the distances is there are two two-storey provided. residential buildings, a dining The Republican State room building, a building of 156 CONSOLIDATED REPORT CONSOLIDATED REPORT the medical unit, a relaxation psychologists. room, a high school No. 29, a Re-socialization in club building. In the industrial particular of minors is an zone there is a building of integral part of their return to Vocational school No.02. society. Violations of rights, rude The premises of the units treatment in relation to are combined in one large two- pupils were not established. story brick building. There All issues related to violations are two units, with separate of the rules of the pupils conditions of detention: (going out to the street light and regular. Each unit without warning, etc.) are has a separate entrance. resolved directly during the The bedrooms are light, conversation by educators, there is enough natural light. for a year, none of the pupils Cleanliness is maintained were placed in Facilities for by the juvenile inmates as Temporary Isolation (FTI(. per schedule on their own. From year to year, the The beds are very tidy and children’s prison population the bed linen is clean. The declines in direct proportion: draws for keeping personal In 2009 - 427, in 2010 - belongings are designed for 240, in 2011 - 155, in 2012 - 1-2 people. However, bed 114, in 2013 - 123, in 2015 - linens, although clean, have 63, in 2016 - 38, in 2017 - 49. acquired a grayish shade, The main goal of the there are no carpets that impact on each child in the were earlier there. correctional facility must The broken furniture be to provide guardianship, depresses, namely the protection, rehabilitation wardrobes, which are also and education. The approach not enough (2 each for the to the rehabilitation of the whole unit), which is clearly juvenile is interdisciplinary not enough to store clothing in nature, based on a variety for the unit members (17-18 of specialists skills, such people per unit). as teachers, trainers and The windows curtains CONSOLIDATED REPORT 157 were replaced. The former repaired: the benches and coziness in the rooms was apart of the walls were tiled. not noticed. On the walls Due to the repairs, the pupils there are different, low-taste are washed in the quarantine paintings and prints and the department, where repairs design is completely missing, had already been completed. which does not contribute The room is cold, damp, there to the aesthetic upbringing are no lockers for clothes of the detainees. To maintain and towels. In the unit the comfort there are large toilets were being repaired ornamental plants in pots, but that were transferred for this only emphasizes the poor reasons of hygiene. In the decor of the premises. TV renovated toilets, the flushing is available in the relaxation is normal, and the toilet paper room (Curriculum Office). is available. The cleanliness Only national television is maintained by the pupils programs are available. themselves as per schedule. Due to the repairs and The laundry is located in the the wide open doors in the industrial zone. Washing and corridors and rooms in the drying of laundry is in the unit, where the pupils spend laundry area. most of the time, it is cold The dining room for the and damp, which causes inmates is located in the particular concern about residential area, designed the health of the pupils. The for 130 seats. A complete pupils are forced to stay set of the necessary indoors in jackets, and some ancillary facilities is available in hats. according to sanitary norms A sauna with a shower and requirements. room for 100 people is located Food products are in the residential area. On the delivered for two days from day of the visit, repairswere the storage facilities located underway to completely outside the institution. replace the tiles on the walls. Meals are organized in the Part of the bath room was common dining room as 158 CONSOLIDATED REPORT CONSOLIDATED REPORT per the schedule. The room of detention, ill-treatment is spacious andbright.The or facts of torture. The walls are tiled and there are pupils are not aware of the tablecloths and crumbs on right not to be subjected the tables. The utensils are to torture or cruel and / or available in the required degrading treatment, but quantity. Cleanliness in to the question of the NPM the dining room, kitchen members if they are subjected block, and utility rooms is to this treatment by the staff, maintained. The menu is all answered negatively. compiled separately for a After preventive visit in the general table and dietary institution it became with a food approved by the doctor. stand, but it does not contain Food samples are stored in the necessary and available the refrigerator. Samples and information for pupils. It quality of food are recorded was recommended to fill in the log book on a daily the stand with information basis. The meals are 3 times content about the rights of and the menu includes meat, pupils; on the procedure for fish products, and fruits. The filing complaints and appeals; quality of food meets the addresses and telephones standards. of organizations to which According to the Head they should apply. It was of the institution, the also recommended to hold complaint mechanism is well- conversations with pupils and established and all of the additionally install boxes for inmates are aware of their filing complaints. rights, and are familiarized The pupils realize the with the procedure for right to education in the filing complaints. In general, evening and vocational appeals are referred to the schools. Evening School court or counsel on appeal No. 29 on the territory of before judicial sentence. No the institution was founded complaints were received in 1941 and is subsidized related to the conditions from the republican budget. CONSOLIDATED REPORT 159 The school has 14 subject project activities, informatics rooms equipped with subject courses are organized in stands, the state symbols, addition to the educational sets of educational and process, courses on the methodological literature, production of confectionery and didactics and handouts and bakery products, as well for each subject. There is 1 as drawing courses. After computer lab, complete with passing the three-month 8 new generation computers, courses, certificates are as well as a scanner, printer issued that can be claimed and copier. The curriculum is after the release. Also, designed to take into account the production of bakery the specifics of the work of products is organized and the the institution LA-155/6: production engages on a paid students have no lessons in basis. music, fine arts, technology, The institution has a library or physical education. The with a small reading room. educational process is The library fund consists of organized taking into account more than 10,000 books, the education standards by mostly works of classics in the type of evening school Kazakh and Russian, historical in Russian and Kazakh novels. There are binderies languages. of periodicals in Kazakh and №2 vocational school Russian. 4 payphones are has been operating since installed on the territory of 1 August 1973 and is a the institution, their use is public institution to educate unlimited. There are also inmates with new skills, rooms for short and long improve their qualification, visits. up bring conscious attitude After a preventive visit by towards socially useful work. the NPM Group in 2015, a Pupils can be trained in three separate office for the NPM professions: turner, mechanic, was opened in the institution, and carpenter. which, in the opinion of In the framework of the PRI the administration, is a sign 160 CONSOLIDATED REPORT CONSOLIDATED REPORT of special recognition and possible to take the path respect for the establishment of correction to persons of the NPM and the activities who have reached an adult of its participants. colony, moreover, in an adult The leadership of the environment, and a convicted Institution and the children person acquires a negative express concerns of their fate experience of living according when they reach the age of to “thieves’ traditions”, where majority and continue serving he is even more criminalized. their sentence. As a rule, there The society gets a person are opportunities: conditional with a criminal past. It is more early release, replacement difficult for him to socialize in of the unserved part of life, and some commit new, the sentence with a softer even more serious crimes and one, which are considered return to isolation. in court at the request of the convicted person, or in the case provided for by Recommendations of the part 5 of Article 478 of the Ministry of Interior of RK Criminal Procedure Code of Despite the repeated the Republic of Kazakhstan, recommendations of NPM according to which “they to MIA RK during 4 years, can be considered by the the situation of organizing court at the request of the conditions for decent living Prosecutor General, the of children has not changed. Republic of Kazakhstan or his • To create mini - deputy, without participation locations: north - east - of the convicted person”. If west - south - the centers these opportunities are not for keeping juvenile inmates available to the inmate, then in the community, which he is transferred to an adult will create conditions for institution, which is fraught communication with the for his future fate. It is not family and increase the a secret that to survive and possibility of influencing the keep one’s dignity, it is rarely correction of the behavior CONSOLIDATED REPORT 161 of minors and will positively Baby home in the Institution affect the emotional and RGU “LA 155/4” Department psychological state of of correctional system of children, will serve as a motive Ministry of Interior of Almaty to further correct it, and also region of Kazakhstan / at the reduce the percentage of Baby Home RGU “LA 155/4” relapse. the occupancy is up to 40 • Create a bi cell children at the age from birth custody system (maximum to 3 years. At the time of the of 2 teenagers) in the room, visit by NPM members there with the ability to lock rooms were 22 people. at nights. The Baby Home is in an • Provide equal and old, runddown building built 24/7 access to a desk in 1987, with a total area phone to call the National 77Z,75 square meters. It is a Helpline line for children and 2-storey building constructed youth, No.150. At any time from stone with a reinforced convenient for a child (it will concrete frame. In the past be available 24/7 and 365 3 years, no major repairs of days a year), a free call across the building were carried out Kazakhstan, therefore it is In 2015, cosmetic repairs enough for the administration (partial plastering, lime and of the institution to provide a oil coating of walls, ceilings telephone with an encrypted and panels) were carried out. code out for long-distance The floor in the building is calls. concrete, insulated with a • Put in order all the flooring made of particleboard institution’s premises and and covered with linoleum, repair the bath and toilet covered with children’s rugs rooms. - puzzles, paths and carpets. • Re-equip sleeping In 2016, the water pipe broke rooms by replacing bunk beds several times and flooded the to prevent the risk of violence first floor, this is why there between inmates, to create is a smell of dampness. The personal space. building does not have a hot 162 CONSOLIDATED REPORT CONSOLIDATED REPORT water supply system. The mother living with the child. windows of the building are The administration of the completely glazed, made of institution cites a reason metal-plastic construction for several years that it is with double window blocks, impossible to find a mother but it blows from the windows, with a child under the age as the frames let in cold air. In of 3 on a 24-hour basis, winter, the bedroom windows due to the lack of housing are covered with blankets conditions in the Baby Home. to save heat. Because of the Communication with the major crowding of children in child is daily from 3 pm to 5 the hardly ventilated closed pm. premises, especially during The meals are 5 times a day the winter time, late autumn at the Baby Home. The food and early spring, infection is cooked by a special chef, circulation is suffered, and who works all day on 0,25 there is a high risk of it This is pay. Women are satisfied why most of the children are with the quality of food. in a state of illness. Their complain is only on Despite the attempts to the monotony of the menu. maintain the water supply, They ask to include fruits and sewerage, heating and vegetables in the diet. plumbing equipment in the working condition, utility facilities need major repairs. 4.2. Recommendations Moms complain of shortage for the Ministry of Internal of diapers (4 per day) and Affairs of RK their low quality.Diapers are received following tenders in 1. Allocate funding from certain quantities, and as part the budget of MIA for of the humanitarian aid. construction of a new building Article 116 of the for the Juvenile Detention Correctional Code of Center RGU La-155/4 which the RK is violated, which should be done in compliance explicitly determines the with all regulations and CONSOLIDATED REPORT 163 standards in order to create committed, form of guilt, sound environment for criminal record. Accused juveniles. or alleged minors must be 2. Provide special provided superior housing conditions for conditions. accommodation, food, care Minors are kept in small and health services that separated groups. In some would approach childrearing exceptional cases they could conditions outside of the be accompanied by good institution as close as possible, conduct reputed adults in to provide comprehensive their first time detention for physical, intellectual and non-grave offences, former social development. police officers. This is a preventive measure and is TDC (Temporary only possible with consent of Detention Centres) of MIA the supervising attorney. RK. TDC is a special center CIDTP’s visits to DTC’ did for detention of individuals, not reveal any tortures or including minors, suspected abuse, but uncovered poor of committing criminal housing conditions, which is a offences. form of degrading conditions. Confinement of minors This information was in TDC is regulated by the communicated to MIA of RK Law of the Republic of along with recommendations Kazakhstan “On procedures on improvements, but the and conditions of detention administration demonstrated in special institutions of a failure to act due to either temporary imprisonment” of incapacity of management 30-March-1999 (amended and strategic development, on 11-July-2017). Detainees or intentional unwillingness in all TDC should be held to create ground for human separately according to rights enforcement. Thereto sex, age, state of health, this failure to act constitutes past professional activity, a disregard of the Law of social danger of the crime Republic of Kazakhstan (par. 164 CONSOLIDATED REPORT CONSOLIDATED REPORT 1 Article 22, 30-March-1999, for the Ministry of Internal #353-I) “On terms and Affairs of RK procedures of detention in special institutions”, which Make conformance binds the administration inspection of DTC facilities to provide detainees with to check compliance with the certain sanitation, hygiene Law of Republic of Kazakhstan and fire safety conditions. (30-March-1999, #353-I) Precinct TDC’ were built in “On terms and procedures

Percent change (%) Condition class 2012 2013 2014 2015 2016 2012-2016 Neurological disorders 6110.4 6016.7 5969.1 5959.3 6055.8 -0.9 Source: Public Health and Healthcare Service of the Republic of Kazakhstan in 2016, MoH RK, Astana 2017 the 80s of the past century and of detention in special were not designed to allow institutions”, and allocate for special requirements and budget findings for building conditions for detention of new DTC facilities that will minors. Therefore, as CIDTP comply with all norms and reports, most buildings, regulations on detention of including the Amangeldinsky minors. districtDIA DVD in Kostanai Pediatric inpatient ward Oblast, have no proper Mental Health Centre. shower rooms, no toilets Records of nervous system and no potable water in the disease have grown up over cells. The Zaisan districtDIA the last year. DVD VKO was constructed Table Morbidity rate 0 to in 1939 and doesn’t fit its 14 y.o. for 2012-2016 purpose. Same applies to The numbers above DTC of Tarbagatai precinct indicate essentiality of mental DIA, Djangeldinski precinct hospitals and departments, DIA, Kostanai precinct DVD, in 2002 they were renamed Kazalinski district DIA of into Mental Health Centres Kysylorda Oblast et alia. (hereinafter MHC). There are 5.1 Recommendations sixteen MHCs in Kazakhstan CONSOLIDATED REPORT 165 that have departments for 30 to 40 in 2018. children and teenagers. They deliver emergency, in-office Outpatient care and inpatient, diagnostic Number of patients over and therapeutic, socio- years medical, psychiatric and Thirty bed pediatric

Age group Registered (top of the year) Deregistered Registered (end of the year)

2014 2015 2016 2014 2015 2016 2014 2015 2016

Children 1056 1062 1053 163 152 211 1062 1053 1048

Youth 302 318 285 28 23 23 318 285 349

Adults 9942 9809 9589 394 301 302 9809 9589 9329

TOTAL 11300 11189 10927 585 476 536 11189 10927 10726 psychotherapeutic medical department: at the moment care to the public. of inspection 29 children Treated children statistics were present, 6 of them were of the Pediatric inpatient from orphanages. Age 3 to department of MHC#5 18. Rooms are equipped with Almaty show that the number wooden beds and bedside of patients is growing every cabinets without doors. year. Nine months record According to the personnel it in 2017 was 251 patients is regulated for patient safety whereas in 2016 there were reasons. Children meet their 220 patients over the same visitors in the lounge. There period. As a result the growth is a game room with a TV set is 14%. and toys (construction toys Increase of bed turnover is and art supplies). The floor also observed: 19.4% (7.2 in is covered with a carpet. The nine months 2016 vs. 8.6 in department has a classroom. nine months 2017) Schooling is done by the It is planned to increase teachers of School#73 of the number of beds in the Almaty. Each lesson is 45 Ped­iatric inpatient minutes long. department of MHC#5 from Hospital charts of children 166 CONSOLIDATED REPORT CONSOLIDATED REPORT from Januya Correction uncomfortable to sleep on. Centre say that these Some said they are giving children were hospitalized them headaches. The for behavioral correction rooms are cold. There purposes. Children are no cabinets in the commitment for correction rooms. In KGPK Pediatric purposes 17, 13 and 6. Staffs Psychoneurologic Dispensary of orphanages are resourced in Karaganda (Oblast Health with teachers, psychologists, Administration) there is no speech therapists and gymnasium or sports hall. speech pathologists that are Chronically ailing patients are capacitated to solve children’s’ deprived of physical exercises. behavioral problems and The Dispensary in Karaganda find the true ground of was built in 1951 and the children’s’ problems. Rate Pediatric wing requires a total of hospitalizations will not building renovation. CIDTP decrease until behavioral also reports that hospital deviances are considered pavilions are detached and a health problem of the not linked, which presents child, but not pedagogical difficulties for the patience challenge. and medical personnel when According to CIDTP, moving around the hospital, the pediatric departments especially during bad weather in mental hospitals do not and in the winter time. The comply with norms and building requires a total regulations oriented to renovation. favorable environment, Some departments are rehabilitation and personality short of textbooks for the development of minors. For minors. example, in the Kostanai Oblast Psychiatric Hospital 6.2. Recommendations for the beds are very low and the Ministry of Healthcare of narrow (50cm wide). Talks RK with the children confirmed that the beds are 1. Propose an amendment CONSOLIDATED REPORT 167 to the Republic of Kazakhstan purposes practice. Stop Code (18-Sep-2009, #193- punitive psychiatry for IV) “On public health and orphans. Children are sent healthcare system” which from orphanages to mental will regulate decision-making institution because of and patient examination for misbehaving and educational involuntary hospitalization underachievement. when requested by a 4. Together with the custodian, neighbors, Ministry of Labor and Social relatives with involvement Protection RK consider re- of attesting witnesses, audio organization of pediatric and video recording. This is departments of mental to prevent abuse from the hospitals: fragmentation/ medics and requestors. downsizing and creation 2. Propose an amendment of home environment to the Republic of for the children. Arrange Kazakhstan Code (18-Sep- for socialization and 2009, #193-IV) “On public rehabilitation programs in health and healthcare MHC due to inadaptability of system” on expansion many patients. of independent experts 5. Monitor accessibility community, authorized to to services and social establish diagnosis, patient infrastructure for examination and expert handicapped people in order evidence i.e. “standalone to remedy statutory breaches mental specialists and in the Law of Republic of organizations licensed to Kazakhstan (13-Apr-2005, practice legal psychiatric #39-III) “On social protection evaluation”. of handicapped people in 3. Together with the the Republic of Kazakhstan” Ministry of Education (including all amendments as conduct a comprehensive of 03-Dec-2015) assessment of hospitalization of orphanage children for behavior correction Children’s 168 CONSOLIDATED REPORT CONSOLIDATED REPORT antituberculosis resorts of Atyrau Oblast was built in the Ministry of Health of RK. 1962. There’s no gym or CIDTP reports on inspection sports hall. Lessons are given of children’s antituberculosis by visiting teachers from the resorts reveal that in the School#21. Contact with the last four years none of them family is maintained and, for has been renovated. Most the sake of the effectiveness buildings were constructed of patient treatment, in the 30-60s of the past conditions are created for century. The Rudenski meeting with visitors only on Children’s Antituberculosis the street in places equipped Resort KGU (Kostanai Oblast with canopies and benches or Health Department) was in the foyer of the building. built in 1964 as a standard Patient hospital records design for kindergarten. It is check in Building 1 located in the town centre revealed that the KSS (DOB near a busy road, which does 14.01.2006), an orphan, not comply with sanitary in legal custody of her regulations. Only half of grandmother BL (YOB 1968), standard footage is available was absent from the resort. per patience. 3 sq. meters According to the senior nurse instead of 6 sq. meters; boys S. she had flu and was sent and girls share the room. home on February 17, 2017, Play rooms are combined in order to isolate them from with bedroom. There is no other children. There was no equipped classroom and record of discharge in the designated sportsground. hospital chart as well as no CIDTP reported that discharge acknowledgement there are no toys in the play from the grandmother. room or learning games Despite the fact that the for school and pre-school KSS was absent from the children. Like all children resort from 17.02.2017, institutions in the healthcare the journal on receiving system, the Children’s medicines actually indicated Antituberculosis Resort of that she took pills until CONSOLIDATED REPORT 169 22.02.2017. The hospital social adaptation, including chief administrator explained training in a local educational this by saying that the pills organization during the and vitamins were given to treatment period. During the her at the time of discharge. academic year the children CIDTP was concerned about and youth have access to fully the child absent without equipped class rooms and full- discharge record. Nobody scale educational program. could answer the question Resort educators conduct of who and when took the entertainment events and in child from hte resort. In the summer time organize the presence of CIDTP the tours to Borovoe. The resort director called the custodian has computer equipped on the phone and received classrooms, play room, music a verbal confirmation on the room and a gym. girl’s status. The Akmola Oblast Anti- The most favorable tuberculosis dispenser has situation in terms of the right 10 groups of employers to decent treatment and the working 24/7 (2 groups in creation of conditions for the Kokshetau, 2 in Akkol, 1 each life and development of minors in Zharkainski, Zhaksynski, was noted by the CIDTP in Bulandinski, Zeredinski the GKKP Burabay Inter- Rayons and in Stapnogorsk). district Anti-tuberculosis According to CIDTP, some Resort (Akmola Oblast Health premises require significant Department). The 30-bed renovation and are not suited facility for children and youth for handicapped people. is located in Bulandinski In the Children’s Anti- Rayon of Akmola Oblast tuberculosis Resort “Nur” in in a pristine environment. Satpaev (Karaganda Oblast), Year-round treatment and CIDTP witnessed children rehabilitation of children playing on the porch with no with maximum provision of rails elevated 1 meter above optimal conditions for health ground. The promenade area improvement of children and in not big enough. No indoors 170 CONSOLIDATED REPORT CONSOLIDATED REPORT gym. Food is carried in modern technologies of enameled buckets 150-200 treatment and prevention meters to the main building. of tuberculosis, obligate Besides, the building is located all oblast and municipal near the narco-dispensary administrations to allocate where drug addicts and funding for building new alcoholics are treated. There pediatric health facilities. is also a sobering house. 2. Facilitate connection of This has a negative influence minors to their families by on children’s’ state of mind. providing rooms for meeting Renovation needs, non- visitors. compliance of footage per 3. Consider the possibility patient are typical for most of employing in each pediatric of institutions of UZKO in anti-tuberculosis institution Saran, which includes the a full-time psychologist Children’s’ Anti-tuberculosis because according to such Resort “Saule”. institution personnel, most children come from troubled 7.2. Recommendations for families, have a shut-in the Ministry of Healthcare of personality, are timid or RK aggressive as a result of a psychological trauma and weak commutability. 1. Make conformance 4. Develop cooperation inspection of pediatric and partnership with NGOs anti-tuberculosis resorts that work on motivation and to check compliance with social aid to tuberculosis the sanitary regulations patients and their families. Set “Sanitary-epidemiological the number of partner NGOs requirements for resorts and as an efficiency criterion for healing facilities” (approved healthcare. by the order of the Minister of National Economy of Republic of Kazakhstan on 19-March-2015 #233) and CONSOLIDATED REPORT 171

Conclusion 172 CONSOLIDATED REPORT CONSOLIDATED REPORT The National Preventive very limited opportunities Mechanism (NPM) completed to monitor progress in the fourth year of its intensive the implementation of work of all regional groups. recommendations. The Due to cuts in public funding, current scheme includes the NPM participants had even more curtailed funding. fewer visits in 2017 than in In this regard, the main the previous year (decreased recommendation of an by 100). However the number institutional nature is to of visits is still high - about 2.5 return the funding for NPM visits by NPM participants to expenditures. institutions in various regions In 2017, the number of the country every day. Given of special visits increased the funding cuts, each NPM significantly from 15 to 24. As regional group tried to reduce previously, most of them are the costs of visits evenly, based on complaints about but the situation analysis in penitentiary institutions. the regions (oblasts) and the Full information about the experience of previous visits detected facts of torture indicated the institutions of or cruel punishment is the Ministry of Health of the immediately transmitted to Republic of Kazakhstan as the Prosecutor General’s the most “curtailed” ones. Office of the Republic of In general, the financial cuts Kazakhstan in accordance for NPM visits have a very with the agreed rules negative impact on systemic between the institution of the and overall performance of Human Rights Ombudsman the new institution. Thus of the Republic of Kazakhstan the previous financing and the Prosecutor General’s scheme included only one Office of the Republic of annual preventive visit Kazakhstan. However, to the largest and most there is no consolidated important institutions of information on the results the region. This means of the investigation of the CONSOLIDATED REPORT 173 facts revealed. In this regard, regardless of the profile - the following measures are NPM participants receive required: to introduce public similar complaints on lack of report of the Prosecutor respect for human dignity General’s Office to investigate of patients. Relatives of the facts, discovered by the persons in custody in TDCs NPM and analysis of the or prisons often ask NPM to systemic problems in the visit institutions because they NPM reports that lead to cannot get any information torture. about their relatives. The Recommendations analy­ introduction of open and sis shows that problems simple informing about the with material conditions in condition, needs and health of institutions still exist. And detainees would significantly there is still no clear vision of reduce tension between how country institutions will relatives and institutions. develop. Visits to temporary In practice, regardless of detention centres (TDC) and the institution profile, there other institutions for people is no concern with the further in custody showed that a re-socialization of individuals: thorough evaluation of their institutions stand separately need should be done: in many not only from relatives, but regions these institutions also from social services, were empty. Based on this possible employment assessment, a program on and education. Almost closing and reorganization everywhere, there is no of institutions, as well as the consideration for the needs construction of the new ones of persons with disabilities, for the old institutions that gender characteristics and cannot be used due to a bad needs of minors. living conditions, should be The institutions of developed. screening and searches, In the correctional, medical, removal, access to drinking and social institutions - water and proper sanitation 174 CONSOLIDATED REPORT CONSOLIDATED REPORT are the weakest and most impede admission of NPM sensitive in terms of the risks participants. This limits the of committing torture and ill- possibility of facts fixing on treatment and punishment. torture and ill-treatment. NPM participants assessed Having summarized the some institutions as extremely work of the NPM participants, critical. However despite the the NPM Coordination implementation a number of Council members agreed the recommendations, these that a four-years activity institutions still functioning. resulted in accumulation Closing of these institutions of considerable amount was recommended. This of detailed information concerns, for example, the that require analysis and remand house of Almaty, development of the new Center for Adaptation of reporting forms. This analysis Minors in Taraz. There would allow automating are critical detention processing of basic conditions in the institution indicators and identify the of medium security for most problematic areas for the centres for adaptation further visits. It is difficult to of minors(institution LA- provide the sustainability and LA155/6) and the Children’s stability of the NPM work, Home “LA - LA-155/4”. coverage of all institutions The effectiveness of the and targeting of approaches NPM is hampered by the lack considering annual renewal of a unified practice of using of the NPM composition by cameras and dictophones. 30%, and the lack of platform Despite the fact that PECs and information management and other legal acts include system. In this regard, the unambiguous norms allowing Coordination Council decided photo-fixation in case of to extend the NPM members the consent of the person, term to two years. This issue unfortunately, some heads is currently being developed of institutions continue to by the Ombudsman Office. In CONSOLIDATED REPORT 175 addition, a request for funds allocation to solve the above- mentioned problems on lack of information management system, analysis of large data and automated reporting format, was formulated and sent to the Ministry of National Economy of the Republic of Kazakhstan. This request will be used to systematize and support the NPM work, and its approval will contribute to strengthening NPM even within the allocated funds. The request is under consideration now. The NPM work does not solve all problems related to torture prevention. It can be effective if the government agencies, responsible for the operation of the institutions at the central and local levels, take a closer look at the recommendations outlined in this report and in the NPM periodic reports. The task of the NPM is to signal problems, while the state and society are to solve these problems jointly.