consolidated Report of the National Preventive Mechanism members on the preventive visits made in 2018

consolidated Report

Prepared by the National Preventive Mechanism members on the preventive visits made in 2018

Nur-Sultan 2019 Consolidated Report of the National Preventive Mechanism members on the preventive visits made in 2018, Nur-Sultan, 2019 - 185 p.

The Report has been drafted by the Coordination Council of NPM under the Commissioner for Human Rights and published with the support of the OSCE Programme Office in Nur-Sultan.

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

1. On some organizational issues of the National Preventive Mechanism in 2018. . . . . 7

2. Rights of convicts in correctional institutions of the Committee of the Penitentiary System of the MIA RoK...... 15

3. The situation of persons detained in pre-trial detention centers under the Committee of the Penitentiary System of MIA of RoK...... 53

4. The position of persons held in temporary detention facilities and other institutions of the Ministry of Internal Affairs of the Republic of Kazakhstan. . . . 97

5. The situation of persons held in institutions subordinated to the National Security Committee (NSC) of the Republic of Kazakhstan...... 112

6. The situation of persons detained in facilities subordinated to the Ministry of Defense of RoK. . . 118

7. The situation of persons detained in the institutions subordinated to the Ministry of Health of RoK . . . . 122

8. The situation with minors in institutions subordinated to the Ministry of Education and Science of the Republic of Kazakhstan...... 144

Conclusion...... 182

On some organizational issues of the National Preventive Mechanism 1 in 2018 8 CONSOLIDATED REPORT According to the current legislation of the Republic of Kazakhstan, the Coordination Council prepares an annual consolidated report of the national preventive mechanism members, considering their reports on the results of preventive visits. The 2018 report is the fifth consolidated report of the NPM members. In 2018, the NPM members carried out 461 Preventive visits preventive visits, which of 27 were special. As the statistics Special visits show, number of preventive visits decreased by 121 in detention centers, 33 pre- comparison with 2017 and trial detention centers, 90 by 219 in comparison with correctional institutions, 2016. The decrease in the 26 remand houses, 24 number of preventive visits special reception centers, is associated with a reduction 15 centers for adaptation of in allocated budget. In this minors, 8 special educational regard, in 2018, additional institutions, 37 psychiatric, amounts were requested 20 narcological, 22 anti- under sub-program 106 tuberculosis organizations, 3 “Implementation of measures detention centers under the to enforce the national National Security Committee, preventive mechanism”, 3 military detention facilities, however, the relevant budget 31 police stations (including request was not supported the premises of departments by the Ministry of Finance. of internal affairs). During the reporting Out of these 27 special year, the visits were paid to visits were paid to 17 a total of 118 temporary correctional institutions, 7 CONSOLIDATED REPORT 9 pre-trial detention centers, Medical supplies were 1 psychiatric hospital, 1 improved in the correctional narcological hospital and institutions of East 1 special reception center Kazakhstan, Kostanay, North under the Shymkent Police Kazakhstan, Kyzylorda oblasts Department. where the stock of medicines Based on the results was updated, the ventilation of the special visits, the system of the premises materials on the revealed was renovated, the library violations contributing to the database was updated, and creation of factors of cruel the regime and foodstuffs of and degrading treatment prisoners were monitored. In were sent to the General many mandated institutions Prosecutor’s Office and to major repairs of were carried the authorized state bodies out in the living quarters, depending on the content. where windows and a sewer One of the indicators system were replaced, and showing the effectiveness of the yards were equipped with the NPM is the implementation shelters from rainfall. of the recommendations The conditions were on elimination of revealed improved in temporary violations mandated by the detention facilities, special institutions. reception centers and remand The recommendations of houses in Shymkent, East the NPM members outlined Kazakhstan and Kyzylorda in the previous consolidated oblasts. NPM members also report were implemented carried out methodological by the National Security work on familiarizing Committee, the Ministry of employees in correctional Internal Affairs, the Ministry institutions of the East of Defense, the Ministry Kazakhstan, Kostanay, North of Education and Science Kazakhstan oblasts with the and the Ministry of Health procedure for observing to the extent that their the rights and freedoms of direct capabilities, including convicts, as well as on the financial ones, allowed. prevention of torture. These 10 CONSOLIDATED REPORT examples prove the feasibility medical cabinets, placing of ongoing preventive visits. sports equipment in exercise The leadership of yards, and increasing artificial the National Security lighting was carried out in the Committee of the Republic military detention facilities of Kazakhstan, together with including Akmola, Almaty, the administration of the Aktyubinsk, Taldykorgan, pre-trial detention centers, Shymkent and Karaganda implemented measures to military posts according to create conditions that meet the recommendations of the the minimum standard members of the NPM. rules for the treatment The Ministry of Education of prisoners, as well as to and Science of the Republic prevent torture and other of Kazakhstan provided cruel, inhuman or degrading detailed information on treatment or punishment. In the implementation of the pursuance of measures to recommendations of NPM create appropriate conditions members regarding specific in detention centers, the institutions. Moreover, the leadership of the Committee authorized body provided continues to implement information to oblast projects for the construction reporting institutions of pre-trial detention centers and organizations on in the Astana and Almaty. the implementation of The recommendations recommendations to of the NPM members on improve the conditions of the outcome of visits to treating children and the the military detention order of their presence in centers were accepted for educational organizations. implementation. According The Ministry stresses that to the information received most of the violations from the General Staff of the identified by the NPM Armed Forces of the Ministry members during preventive of Defense of the Republic visits to the activities of of Kazakhstan, it follows the centers for adaptation that such work as equipping of minors and specialized CONSOLIDATED REPORT 11 organizations have been specialties as “psychiatrist” eliminated. According to and “narcologist” into a the recommendations of single specialty psychiatrist the NPM members, in order (narcologist). Corresponding to prevent torture and changes and additions mistreatment of minors by are made to the model employees, work was carried staff establishment and out to design information and staff standards of health legal stands in two languages ​​ organizations, these actions about NPM, children’s rights, will allow to reduce the the procedure for filing shortage of medical staff in complaints and appeals oblast health institutions. provided sample petitions, As a result of the analysis telephone lines, prosecutors, of the information provided Commissioner for Human on the implementation of Rights in the Republic of the recommendations of Kazakhstan and public the NPM members for 2017, organizations. reflected in the consolidated On the implementation of report, the positive dynamics the recommendations made by the NPM members in can be recognized in the institutions reporting to the implementation of the Ministry of Health of the public comments and Republic of Kazakhstan, the recommendations based authorized body notes that in on the results of preventive the planning period for 2018- visits. 2020, the budget program Within his competence, provides for the construction the Commissioner for Human and reconstruction of 11 Rights has sent requests to health facilities and the the authorized state bodies seismic retrofit of 1 health on the facts stated in the facility from 2017 to 2021. appeals of citizens. Received In terms of insufficient complaints were not always staffing per specialized confirmed, but in some cases medical staff, the Ministry is pretrial investigations were working to integrate such the conducted, a number of 12 CONSOLIDATED REPORT examinations and checks was Republic of Kazakhstan in the appointed. field of prevention of torture. During the reporting It should be noted that the year, following the results obstruction of the activities of special visits, the of the NPM members by law materials were transferred enforcement officers entails to the authorized bodies for liability for violating the Code inspection. In some cases, the of administrative offences of results of special visits have the Republic of Kazakhstan. led to the disciplinary liability The Commissioner for of employees of closed human rights and his/her institutions. Thus, according institution are implementing to the results of the special training projects aimed at visit, a number of employees enhancing the professional of the UIS Department skills and knowledge of NPM of Almaty oblast were members as a human rights brought to strict disciplinary mechanism. responsibility. During 2018, with According to the current the involvement of such legislation, interference international organizations with the activities of NPM as OSCE, OHCHR, Council members is prohibited. of Europe, PRI, a training Despite the implementation on practical issues of the of the activities of the NPM functioning of the NPM since 2014, the facts of was conducted for its impeding NPM activities new members with the continue to be. Thus, in 2018, participation of international the NPM members in the in experts. The training was Astana, Kostanay and North an introductory course on Kazakhstan oblasts faced the functioning of the NPM, attempts to prevent them where special attention from the work from the law was paid to the preparation enforcement agencies due for preventive visits, the to their lack of knowledge conduct of the visit itself, the about the norms of the preparation of reports on national legislation of the the results of visits as well as CONSOLIDATED REPORT 13 the importance of sharing the results of preventive visits responsibilities among group made in 2017 was presented. members. The event was attended by Also, in July 2018, a government officials and three-day prison monitoring all members of the NPM of training was conducted Kazakhstan. Also a member with the participation of of the UN Subcommittee an international expert, M. on Prevention of Torture, Gnatovskyi, the President of representatives of the Asia- the European Committee for Pacific Forum of National the Prevention of Torture. Human Rights Institutions, In September 2018, in employees of the office of the Geneva, within the framework Commissioner of Slovenia, of UN sessions, with the the NHRI of Central Asian support of the Commissioner countries and the Russian for Human Rights together Federation were invited. The with the NPM Coordination key point of the Forum was Council, with the support the opportunity of meeting of the Permanent Mission and conducting an open of Kazakhstan to the UN dialogue at a single table office and other international of representatives of the organizations, a side event non-governmental and civil was conducted to present sector with representatives the activities of the National of state bodies to discuss Preventive Mechanism issues on the prevention of Kazakhstan to the of torture in the closed international public. institutions of the country. In 2018, the second Forum Within the framework of the of the national preventive forum, master classes for mechanism “Prevention members on topical issues of torture by joint efforts of the NPM activities were of national human rights conducted by members of institutions and the NPM” the Coordination Council and was conducted during which international experts. The the annual consolidated event was organized by the report of NPM members on Office of the Commissioner 14 CONSOLIDATED REPORT in the Republic of Kazakhstan and special treatment, social with the support of the centers and services for European Union, the Council family and children support. of Europe, the Office of On December 25 2018, 109 the High Commissioner for NPM members (out of 179 Human Rights’ (OHCHR), the candidates who participated United Nations Development in the election) were elected Program, the OSCE Program Office in Astana, the UNICEF for 2019-2020 by the Representative Office in decision of the members of Kazakhstan and the Penal the Coordination Council. Reform International (PRI) in For West Kazakhstan oblast, Central Asia. an additional selection of In addition, during 2018, the NPM members was the work on confirming conducted, as a result, the the draft law of RoK “On total number of members in amendments and additions the NPM was 116, among to some legislative acts of the them 56% women and 44% Republic of Kazakhstan on the activities of organizations men. The overall membership engaged in the protection in the NPM for 2019-2020 was of the rights of the child” updated by 31% compared continued and it is currently with the previous year. being considered by the The activity of the national Senate of the Parliament preventive mechanism is of RoK. It is known that this funded by the republican bill will expand the list of budget. The budget funds subjects allowing members are used only to reimburse of the national preventive the costs incurred by NPM mechanism to attend members for preventive visits educational organizations for orphans and children left and cannot be used for other without parental care, special purposes. educational organizations, For 2018, 55.2 million educational organizations for tenge was allocated, 99.9% children with deviant behavior of which was disbursed. Rights of convicts in correctional institutions of the Committee of the Penitentiary System of the MIA RoK

Prepared by: Aitenov Gabit Abdrakhmanovich Tumenova Bakhyt Niyazbekovna 2 Abysheva Khadicha Agzamovna 16 CONSOLIDATED REPORT Since 2014, NPM has been itself to be a democratic, operating in Kazakhstan secular, legal and social state, to prevent torture and the highest values ​​of which other cruel, inhuman or are people, their rights and degrading treatment or freedoms”, which also implies punishment. According to freedom from torture, which the plan approved by the is further reflected in Part 2 of Commissioner for Human Article 17 of the Constitution Rights in the Republic of of the Republic of Kazakhstan Kazakhstan, preventive “No one should be subjected visits are conducted and to torture, violence, other the NPM members have cruel or degrading treatment drawn up a report on or punishment”. The UN institutions with conclusions Convention against Torture, and recommendations to ratified by the Republic of various state authorities on Kazakhstan, in Part 2 of Article their competences. There 2, claims: “No exceptional can be an impression that circumstances, whatever they there is a difference in the may be, whether it is a state understanding of what of war or a threat of war, torture is and, accordingly, internal political instability or the expectations of the any other state of emergency, NPM members, significantly can serve as an excuse for differ from the measures torture”. According to the taken by state bodies on Constitution of the Republic recommendations or even of Kazakhstan (Article 4, their inaction on one or Part 3), international treaty another petition of torture. ratified by the Republic of We believe that, to begin Kazakhstan takes precedence with, we need an equal over its laws. Thus, freedom understanding of what from torture is an absolute torture is. right and applies to freedom According to Article 1 and there is no such situation of the Constitution of the and there cannot be such a Republic of Kazakhstan “The situation that would justify Republic of Kazakhstan claims the use of torture. CONSOLIDATED REPORT 17 According to Article 12 of allow any sanction against the UN Convention against any person or organization Torture, “Each State Party shall for reporting any information ensure that its competent to the national preventive authorities conduct a prompt mechanism, whether true or and impartial investigation false and no such person or when there are reasonable organization can in any way grounds to believe that be infringed upon”. torture has been applied The reports of the NPM on any territory under its members on institutions jurisdiction”. of the penitentiary system According to Article 13 of considered by us show that the UN Convention against Article 12 and 13 of the United Torture, “Each State Party Nations Convention against shall ensure to any person Torture are not observed by who claims to have been the Republic of Kazakhstan, tortured on any territory and Part 1 of Article 21 of under the jurisdiction of that the Optional Protocol to the State the right to complain to United Nations Convention the competent authorities of against Torture, which is that State and for prompt and described in more detail in impartial consideration of this report. such a complaint. Measures Situation of convicts in are being taken to ensure the correctional institutions protection of the plaintiff and witnesses from any form of of the Committee of the ill-treatment or intimidation Penitentiary System under in connection with his or her MIA RoK. complaint or any witness During the period from testimony”. January to December 2018, According to Part 1 of 21 special visits were made Article 21 of the Optional to the following correctional Protocol to the UN institutions: Convention against Torture, 1. “Establishment ZK-169/5” “No state body or official can of the Department of appoint, apply, authorize or the penitentiary system 18 CONSOLIDATED REPORT in Kyzylorda oblast – 8. RSE “Establishment 23.01.2018, 25.01.2018; EC 166/24” of the 2. RSE “UK-161/11” of Department of the the Department of the penitentiary system penitentiary system in Akmola oblast – in Kostanay oblast – 13.02.2018; 01.25.2018; 9. RSE “Establishment AP- 3. “Establishment AP-162/2” 162/3” of the Department of the Department of of the penitentiary system the penitentiary system in Pavlodar oblast – in Pavlodar oblast – 14.02.2018; 01.25.2018; 10. RSE “UK 161/2” of the 4. “Establishment ES-164/3” Department of the of the Department of the penitentiary system penitentiary system in in Kostanay oblast – North-Kazakhstan oblast 20.02.2018; – 30.01.2017; 11. RSE “Establishment 5. RSE AK-159/11 of the LA-155/14” of the Department of the Department of the penitentiary system penitentiary system in Karaganda oblast – in Almaty oblast – 07.02.2018; 02.21.2018; 6. RSE AK-159/17 of the 12. RSE “Establishment ZK- Department of the 169/4” of the Department penitentiary system of the penitentiary system in Karaganda oblast – in Kyzylorda oblast – 07.02.2018; 02.26.2018; 7. “Establishment ES-164/9” 13. RSE “Establishment AP- of the Department of the 162/4” Committee of penitentiary system in the penitentiary system North-Kazakhstan oblast (CCES) in Pavlodar oblast – 10.02.2017; – 02.03.2018; CONSOLIDATED REPORT 19 14. “Establishment Reports of visits to ICH-167/10” of the the above-mentioned Department of the correctional institutions penitentiary system in allow to compare the South Kazakhstan oblast - situation with previous years, 02.03.2018; where minor changes have occurred in the penitentiary 15. RSE “Establishment system. Monitoring of visits EC-166/5 f” in Astana - has shown that in many 17.03.2018; correctional institutions there 16. RSE “UK 161/4” of the is still an outdated material Department of the base and incomplete staff penitentiary system in the units. For example, in in Kostanay oblast – the establishment EC-166/5, 27.03.2018; at the time of the visit, there were 13 open vacancies, 17. State Establishment in GM 172/8 in Mangistau LA -155/6 in Almaty – oblast - 8 open vacancies, in 28.03.2018; RSE AK-159/20 in Karaganda 18. RSE “Establishment AK- oblast - 7 open vacancies. 159/7” of the Department During the preventive visit, of the penitentiary system the sanitary and hygienic in Karaganda oblast – conditions in correctional 29.03.2018; institutions were also 19. RSE AK-159/20 of the examined, which showed that in almost all institutions Department of the as a whole, the conditions are penitentiary system satisfactory. in Karaganda oblast – According to Part 2 of the 29.03.2018; European Penitentiary Rules: 20. “Establishment GM- - Paragraph 19.3. Prisoners 172/8” of the Department should have unhindered access of the penitentiary system to sanitary facilities that meet in Mangystau oblast - hygiene requirements and 03.30.2018. allow privacy. 20 CONSOLIDATED REPORT - Paragraph 19.4 are filled with feces, there Bathrooms and showers is no place to go to relieve should be sufficient so that natural functions. Flushing each prisoner can use them at occurs by pouring water into a temperature appropriate to a Genoa bowl from bottles the climate whenever possible (plastic containers), and in daily, but not less than 2 times some units with holding a a week. hose. There is no money for In the establishment LA the installation of new bowls - 155/14 in Almaty oblast, and the procurement of toilets are located next to all components, according to the the barracks. Their condition chief. There is no money and cannot be described by gasoline, which is necessary words. An unbearable fetid for septic pumper trucks. It odor can be felt in a distance turns out to be a dead end. of a few meters, and it is The situation is that there generally impossible to be is no money, the question present in the toilet without arises about the rational use experiencing a vomiting of funds allocated from the reflex. Convicts are forced state budget. According to to relieve natural functions the prisoners, they are offered in such conditions. And to “relieve natural functions” this, at least, speaks of ill- in plastic bags, if the convict treatment of them, and such tries to go to the toilet of the a toilet conditions can lead to neighboring detachment, massive infectious diseases. the guards threaten him Isolating a person from with weapons. Toilets in society on the basis of the this facility are the source decision of the authorized of the spread of infectious body, the state undertakes diseases. In this regard, there the responsibility to preserve is a need to create a separate his or her health. The state is independent commission that obliged to create minimum will be authorized to conduct proper conditions for the a thorough inspection. living of persons who are in In the Establishment JD places of detention. All holes 158/4 in the local area for CONSOLIDATED REPORT 21 about 150-160 convicts there the penitentiary system, are 6 toilets, 9 taps with tap there is 1 tap for 10 people. water, the sink is lined with For example, detachment granite with an incline towards #5 consists of 57 people the room where the toilets and has 1 toilet in its layout, are installed. This design of with 3 toilet bowls and 2 the sinks is inconvenient for washbasins. Cleaning in washing: from the upper the premises is carried out part, everything flows in the by convicts. Control over direction of washing over cleanliness, ventilation of the below. It is necessary to install premises, air temperature is a separate sink on each water entrusted to the duty officer tap to flush out dirty water. of the detachment. In this The situation is similar to the case, according to Article 47 toilets in the premises of JD of the Order of the Ministry 158/2, the number of toilets of Internal Affairs of the located on the neglected of Republic of Kazakhstan dated local areas is not enough, and November 2, 2017 No.728 “On those that are available need amendments to the Order of to be better and cleaner, all the Ministry of Internal Affairs the equipment and flooring of the Republic of Kazakhstan are old and shabby. dated April 7, 2015 No.314 In the Establishment EC- “On the approval of the 166/5 in sleeping rooms in regulations for the provision which a large number of of medical care to citizens convicts are placed, there whose freedom is restricted, is an insufficient number as well as to persons serving of washstands and sanitary a sentence by court sentence facilities, as a result of which imprisonment, placed in convicts in the morning special institutions”: in do not have time to carry emergency and full security out hygienic procedures. institutions, the paramedic, According to the Regularity together with the senior No. 15 for the allocation corps, checks the sanitary of furniture, inventory and condition of the cells daily, equipment for premises of by going around them after 22 CONSOLIDATED REPORT the withdrawal of persons in the Establishment ZK- held in the institution for a 169/5 of the Department of walk or sanitary treatment the penitentiary system in weave. According to the the Kyzylorda oblast creates convicts, this provision is undoubted risks to the not considered - there is no deterioration of the health daily detour, control over condition of convicts. Out cleanliness and ventilation of those signed up for the of the premises is assigned personal check 53 convicts to the convicts themselves. It for non-compliance with also violates Nelson Mandela the nutritional conditions, Rules (No.35) as of 2015: “The 19 convicts presented their physician or the competent complaints. Namely: the public health authority is lack of hot boiled water for obliged to conduct inspection drinking in the cells, sugar is and report to the director of the not given at the prescribed prison regularly”. In addition, rate, compote and milk are the NPM members noticed rarely given, the range of that the washed things were goods in the store is scarce, hung in the detachment cells and it works only 3 days a for drying. According to the week, there is no possibility to convicts, there are no places purchase sauce, mayonnaise, for drying things and they honey, canned cereal, meat are forced to dry them in the and plant (vegetable, fruit) cells, which entails excessive canned goods, sausages, lard, moisture. In addition, cheese, fruits, vegetables, convicts in some correctional oils of animal and vegetable institutions voiced the fact origin, which is a violation of that the means of individual the Annex 8 to the Internal use (toothbrush, toothpaste, Regulations of the Institutions soap, toilet paper) are not of the Penal System, the List of provided, hot water is needed things and items that convicts for everyday washing during are allowed to carry with them, the winter heating season. receive in parcels, deliveries, Failure to comply with wrappers and to purchase in the nutritional conditions shops of institutions under CONSOLIDATED REPORT 23 the Order No.819 of the not fully filled with meat and Minister of Internal Affairs of bread. On the first day of the Republic of Kazakhstan the visit, the NPM members dated November 17, 2014 found out that they did fresh On approval of the Internal cucumber and tomato salad Regulations of the institutions was not served for lunch, of the penal system” (as which was supposed to be amended on August 31, 2016), delivered according to the as well as Paragraph 1, Item approved menu. The head of 44 “For the sale of food and the establishment said that essential items to convicts, the prisoners asked to serve shops run daily in institutions, the salad for dinner, since at with the exception of weekends this time of day only one main and holidays”. In addition, course is provided. He also in the same institution there claimed that the salad would were complaints from 25 be served to the convicts convicts for non-compliance in the evening. However, with the standards of medical during the visit by the NPM care. Among them: lack of members on the second day, timeliness of medical services it turned out that the convicts by medical officers, staffing of never received a salad. The medical officers, the provision NPM members were tried of additional medical services, to be convinced that the the provision of medical vegetables had arrived at preparations, not included in the institution. An invoice the register of the provision was presented as evidence, of guaranteed free medical however, employees of state care. institutions could not find In the Establishment JD the transfer and acceptance 158/7, convicts complained certificate for 20 kg of about the absence of fruits, vegetables. After that, they fish, butter, kefir in the menu, were forced to admit that and they also complained the vegetables were not about the poor quality of really served to the table of bread. They reported that the convicts and were not the table to the prisoners is delivered at all. 24 CONSOLIDATED REPORT It should also be noted it in the evening. However, that the convicts should have convicts say that there is been given rice porridge as no bread left. The NPM per the approved menu for members checked buckets lunch, and it was replaced of waste and noted that with pearl barley, because there was no bread in them. there was no rice. Thus, the NPM members face Each convict is entitled to the signs of corruption. In 650 grams of bread for one addition, the quality of bread day. One bread roll made of leaves much to be desired dark flour should weigh 700 and, most likely, it does not grams. The NPM members meet the standards of baking. weighed a loaf of bread and Several years ago, there were found out that it actually already big complaints about weighs 520 grams. This the quality of the bread, then roll is divided into 4 parts, the issue was solved after the three of them are given to intervention of the prosecutor one convicted person per – the bread started to be day - one portion for one baked again in quality. At the meal - for breakfast, lunch, moment the situation is the dinner. In fact, it turns out to same again. The committee be 390 grams instead of the of the Penal System under the prescribed 650. 260 convicts Ministry of Internal Affairs of receive less of 260 grams of the Republic of Kazakhstan bread every day. As explained, should take special control the bread is baked in the UJD over the quality of the 158/2 of the RSE “Enbek” and products supplied, produced is delivered to the UJD 158/7. for convicts of the RSE According to the head of the “Enbek” by oblasts, since UJD 158/7, the convicts do pasta and other types of not even eat what they get, so products (not for the better) he made an order that bread are different from products leftovers should be dried for supplied by private firms for breadcrumbs and are to be tenders. distributed to the convicts so Convicted with a diseased that they could drink tea with liver and various diseases CONSOLIDATED REPORT 25 of the gastrointestinal tract with HIV status, people with complained about the lack disabilities, people with of diet, exacerbation of pain epileptic and convulsive when consuming common syndromes, chronic diseases foods, sometimes very fat to make them able to receive or very salty. In institutions continuous treatment, and to of the Penal System, dietary provide the above-mentioned food for sick convicts is not persons with examination provided, additional food is and consultation from narrow provided, which is not a diet specialists (neurosurgeon, food. endocrinologist, cardiologist, It is necessary to pay etc.) and to implement their special attention to medical recommendations. It is also services in the Establishment necessary to register such LA-155/14 of the Department situations when convicts get of the penitentiary system in injured by other persons in the the Almaty oblast, in which, log of injuries in the medical at the time of the monitoring ward in a timely manner visit, staff at the medical and to carry out a forensic ward under any pretext tried to hide the facts of injuries examination prior to healing and beatings. The complaints of injuries (within a week). It from convicts about the is important to note special medical ward described their bureaucratic delays when refusal to register the facts of convicts apply for medical injuries and beatings. On the assistance: it is necessary to behalf of medical workers, write a petition addressed to insulting remarks are made to the head of the detachment, convicts who needed medical then to the deputy head of care, and the principles the institution, who should of medical ethics and put his visa on the petition, deontology are not observed. only after that the convict can It is necessary to strengthen go to the doctor for check, the control over the situation as a result of which valuable with provision of medical time for providing medical preparations to the convicts assistance is lost. 26 CONSOLIDATED REPORT At RSE “Establishment EC- group constantly wrote 166/5” there were numerous about staffing the medical complaints about the lack ward with qualified doctors. of timely treatment and The medical units of the the poor quality of medical institution are limited in their services. Complaints about powers by the administration, the provision of medical the medical service does care were almost at all units not take measures to of the establishment. 22 release convicts from work convicts filed verbal and and classes beyond their written complaints about the strength without the consent medical staff on the fact that of the administration of their requests were ignored, the institution. The issue and medical preparations is not being resolved on were not prescribed at the prosthetics and timely travel proper level. for treatment to specialized At the time of visiting RSE institutions, certification from “UK 161/4” of the Department medical consultative board of the penitentiary system and disability registration in the Kostanay oblast, without coordination with there were two convicts in the administration. the medical unit who had Conditions of serving previously been in intensive punishment for persons with care of the rayon hospital. disabilities in institutions There was a confidential are not respected, it is not conversation with them, uncommon for wheelchair which resulted in conclusions users with a prosthesis on the fact convicts being with restricted mobility to poisoned and the following be placed on the second death of four. This time again floor where there are no there were many appeals conditions for movement. from convicts precisely on the In the medical ward of the failure to provide qualified Establishment JD 158/4, the medical care. It should be wards for sick convicts are noted that in their previous located on the second floor. recommendations the NPM In such conditions, persons CONSOLIDATED REPORT 27 with disabilities are restricted special handrails for them, to walk in the fresh air. and they can get injured. It is According to Part 5 of necessary to return or equip Article 151 of the Correctional the barracks, where convicted Code of the RoK, “pregnant persons with disabilities are women, nursing mothers, kept, with all the necessary minors, as well as sick and conditions for their safe disabled people are provided living. with improved living Often convicts from conditions and increased another state, in particular nutritional standards”, and citizens of the Kyrgyz this part is not observed in Republic, are not accepted for institutions. With the transfer further serving the sentence. of the establishment of the A special preventive visit penitentiary system under to UJD 158/4 showed that the Ministry of Internal 35 convicted citizens of the Affairs of the Republic of Kyrgyz Republic are kept Kazakhstan from the Ministry there, of which 32 convicts of Justice of the Republic of petitioned through the Kazakhstan, in institutions, General Prosecutor’s Office of individual barracks for the the Republic of Kazakhstan to persons with disabilities to continue serving the sentence live are gradually annulled in the Kyrgyz Republic at and they are held together the place of residence, 29 with other convicts, which, convicts got a refusal from in our opinion, is a violation the Prosecutor General of of the rights of persons with the Kyrgyz Republic with disabilities. According to the such explanation that they legislation of the Republic of can harm the interests of the Kazakhstan it is necessary to Kyrgyz Republic. restore their lost rights. There Based on the are no adequate conditions recommendations of the for convicted persons with NPM members, this issue was disabilities in the bathrooms, resolved through the offices washing rooms, toilets, etc., of the Commissioner in the which are not equipped with Republic of Kazakhstan and 28 CONSOLIDATED REPORT the Kyrgyz Republic. At the with specific diseases also end of the year, more than do not have the opportunity half of the convicted citizens to receive appropriate of the Kyrgyz Republic treatment. One of the from this establishment convicts Zh.U. lives with a were transferred to their pacemaker that has expired homeland or there was a more than one year ago. He positive decision in their needs an urgent replacement respect and they are waiting of the apparatus, otherwise for prison transfer. During he can die. Two convicts the visit, it was revealed that E.A. and R.B. suffer from convicted citizens of a foreign diabetes and need insulin. state, due to the prevailing In our opinion, such issues circumstances, cannot be are largely due to gaps in given paid work, cannot open the national legislation in the a current account, thus, they provision of medical services, cannot shop in a special store due to the departmental for convicts, cannot receive subordination of the medical specialized medical treat­ part of the institution of ment, cannot independently the administration of the purchase payphone cards institution of the Committee (KazakTelecom) to talk of the penitentiary system to their relatives. These of MIA RoK. According to difficulties and issues are the NPM, there is an urgent associated with the lack of an need to transfer the liability IIN (Individual Identification of the medical department of Number), which is issued to the establishment under the citizens of the Republic of responsibility of the Ministry Kazakhstan and foreigners of Health of the Republic of with a residence permit in Kazakhstan. Indicative is the the Republic of Kazakhstan. case of convicted B., who In addition, the relatives of suffered for 6 months until his convicts are not able to send relatives collected money in money from another state to the amount of 83,000 and he the operating account of the had an operation in the city establishment, sick persons hospital of Taraz. Particularly CONSOLIDATED REPORT 29 acute is the issue of obtaining employees are obliged to .... early release on parole for take the necessary measures convicted foreigners who to provide .... medical receive refusals. Literally assistance to the injured”. all convicted foreigners Entries in the log of indicated that telephone injuries and outpatient cards cards worth 2000, 3000 tenge of convicts subjected to the were purchased through the use of special means were establishment if there were not conducted, there was no money in the accounts which compilation of certificates convicted foreigners did not proving the presence of have. The only way to get a bodily injuries, prosecutors phone card (KazakTelecom) and internal affairs agencies was from relatives during a did not issue a decision on visit. conducting a forensic medical Special means are applied examination, that is, the to convicts during the search existing “Rules for providing very often, and this fact is not medical care to citizens reflected in the log of injuries whose freedom is restricted, of convicts. So during such as well as to persons serving a search event on April 21 a court sentence in custody 2018 in the Establishment placed in special institutions” JD 158/4 there was a special (see Order No. 314 of the means (baton) used against Minister of Internal Affairs 12 convicts, and this fact was RoK dated April 7, 2015) not reflected in the outpatient were seriously violated. card or in the log of injuries, According to paragraph 154 also no medical assistance “Upon detection of bodily was provided to these injuries, the administration persons. According to Clause of the correctional institution 4 of Article 62 of the Law on .... immediately notifies the Law Enforcement Service prosecution authorities of dated January 6, 2011 for the facts of infliction of bodily 380-IV, “when using firearms injuries to persons detained and other weapons, special in the institution..., as well as means, physical strength, those who have complained 30 CONSOLIDATED REPORT about the infliction of bodily infected convicts, who had injuries. All the facts are his head smashed. His blood entered in the log of injuries was all over the floor, on in accordance with the form the walls of the premises of present in Appendix 18 to the disciplinary cell, which this Regulation”. In addition, other convicts could touch “in the case of appealing for with their wounds or mouth. infliction of bodily injuries Considering that the process or detecting bodily injuries of getting the HIV virus can on the body of the person occur through the blood and complaining, a duty shift in the injured mucous membranes person of the duty assistant of the human body, during the chief of the institution, an torture that took place in the employee of the operational disciplinary cell there was a service and a medical worker risk of getting such infection. shall draw up a report on the This danger also exists due presence of bodily injuries to violation of the rules for (examination) ... And with this the storage and issuance of “In all cases of treatment or toothpaste and toothbrushes detection of bodily injuries in the disciplinary cell, as well by the prosecutor’s office as a result of the collection or office of internal affairs of razor accessories from a decree issued on the convicts and their storage appointment of a forensic in one general package with medical examination”. subsequent distribution. In The illegal actions of accordance with the Decree employees, as well as the No. 2018 of the Government inaction of the medical staff of the Republic of Kazakhstan of the institution, in particular dated December 4 2009, the during the search of April disease caused by the human 21 2018, entail the risk of immunodeficiency virus infection of not only convicts, and carriers of the human but also the employees immunodeficiency virus are themselves. Such conditions included in the list of diseases were created during the that cause danger to others. beating of one of the HIV- The danger of acquiring HIV CONSOLIDATED REPORT 31 infection also arises when according to medical medical staff or employees documents. of organizations do not Medical records are perform their professional formally led by doctors; the duties properly. According procedure for medical checks to Paragraph 5 of Article of convicts and registration 317 of the Criminal Code of of complaints is violated. the Republic of Kazakhstan In particular, there are no “Inadequate performance complaints from convicts of professional duties by a regarding their health status, medical worker, as well as an no description of the form, employee of an organization nature, extent of injuries is .... due to careless or unfair present, there is no number, treatment of them, if this act location of injuries on the resulted in another person body, by which it is possible getting infected with HIV/ to evaluate them. As a rule, AIDS, is subject to up to five- common terms are used in year imprisonment sentence the plot of the case: “he fell and to the revocation of from the stairs”, “he did harm the right to occupy certain to himself”, “he had a fight” positions or to be engaged in etc., thereby turning the certain activities for a period scale of the case against the of up to three years”. convicts. Law enforcement The conclusions that all agencies, having received convicted persons subjected this kind of information, do to the use of special means not investigate to find out and placed in the ward-type the true circumstances of the room do not have chronic case. diseases do not meet the The Rules for registration reality, and the conclusions and storage of medical that these persons may be records in the medical ward placed in the establishment of the institution are seriously are not legitimate, because violated. In particular, the all of these persons have outpatient cards of convicts been suffering from chronic are stored in publicly diseases for a long time accessible place, there is no 32 CONSOLIDATED REPORT strict accounting, the rules of course of a general search storage and distribution are in the establishment UJD violated. 158/4, a significant number Neither the doctors nor of convicts were subjected the employees, due to their to degrading treatment, and official duties, provided at least 12 of those were adequate medical assistance additionally subjected to ill- to convicted persons who treatment and torture. were injured during torture, The degrading treatment and neither to the convicted resulted in: B.A who went on hunger ■ obscene language strike. used when addressing the Complaints of convicts on convicts, both to the general the failure to provide timely mass and to individuals, medical assistance, on the ■ coercion of repeating non-distribution of necessary the same meaningless actions medical preparations, on the (commands “Run!”, “Back to confidentiality of information square one!”), about the state of health ■ coercion of prolonged have been confirmed, that is, sitting in an uncomfortable there are violations of Article squatting pose with hands 117 Correctional Code of the on the back of the head and Republic of Kazakhstan “On head down, which in essence the Health of the Nation”. should be described as There are serious reasons torture, along with a serious violation ■ being forced to strip of employees’ duties, the naked and do squats in the low professionalism of presence of many people, the head and staff of the ■ an offensive attitude medical sanitary ward of the towards the property of institution, and collusion convicts, which was scattered with the administration of on the floor of the premises, the institution to conceal the was trodden by the feet of consequences of torture. the employees in the shoes; In total, according to ■ repeated, that is, the NPM members, in the several convicts, washing the CONSOLIDATED REPORT 33 same toilet with bare hands and then takes off his or her with a rag soaked in urine headwear, shoes and clothes, and water, a mixture of water up to the underwear; and urine, 2) web spaces of arms, ■ being forced shouting legs, auricles and oral cavity, abusive insults to themselves, as well as medical bandages ■ coercion to beg and limb prostheses are the administration of the examined. Examination of institution for forgiveness and prostheses and bandages the staff shouting repeatedly is carried out with the at the top of their voices. participation of a medical At the same time, worker; paragraph 85 of the “Rules 3) clothes, headwear, shoes for the organization of and belongings of the convict activities to monitor and are examined. Patches, supervise the behavior of seams, collar and lining of persons held in institutions clothes are examined by of the penitentiary system touching. If necessary, certain and the order of conducting places of clothing are pierced searches”, approved by with an awl or are ripped off. the Order No. 536 of the Shoes are examined from the Minister of Internal Affairs of outside and the inside to be the Republic of Kazakhstan checked for bending; of August 20, 2014, was 4) patches, heels, soles seriously violated. and other places of possible shelter of money, narcotic According to this standard, substances and other items, a full search is carried out in products and substances the following order: not authorized for storage 1) the convicted person is and use by convicts are also offered to hand over money, checked. securities, as well as other At the same time, items, documents, things, according to the same products, substances that are paragraph 85 of the same not allowed for storage and Rules, in any case, “full use by the convicted person, search .... when conducting 34 CONSOLIDATED REPORT general searches of convicts ■ long squatting with at temperatures above +10 hands on the back of the C, they are conducted at head and head down; the inspection sites, in their ■ twisting the arms absence – in local areas behind the back in the in special dismountable “swallow” position, bending booths...”. That is, there was down the head and running a serious violation of the in such a state for a distance of more than 100 meters, legislation of the Republic accompanied by kicks, of Kazakhstan, which could beatings with a baton and not but cause outrage from hands; convicts. The texts on the acts on Ill-treatment and torture the use of special means happened as follows: and on the violation of ■ failure to provide the regime of serving the medical care after the use of sentence in the files of the special means; cases of convicted tortured, ■ unjustified beating of allow to suggest that the convicts with rubber batons, actions of convicted persons significantly excessing of and officers are falsified. the permissible number Proof of this is absolutely of beatings (20 or more identical, as if copied, beatings) and striking blows description of the behavior to the same part of the body, of convicts, who (see Acts No. 34-37, No. 50, No. 52), previously forcibly bared “were passing through the to deliberately increase corridor of cell rooms, using the pain, while begging obscene words addressed the administration for the to the administration of forgiveness and shouting the institution, showing insults to themselves; resistance, namely they broke ■ repeated dipping out from under the escort and the heads of the convicts in started to beat their heads the water, up to loss of their against the wall”. Against consciousness; each of them, “physical CONSOLIDATED REPORT 35 force was used, the combat facing the floor. These technique “twist of the arms”. actions were not aimed at At the same time, none of overcoming the resistance of them “stopped their illegal convicts, as indicated in the actions, began to run amok, acts, or for pacification, but it with attempts to put BRS was done with the purpose of handcuffs on to calm them punishment. down, did not allow to put There is no explanation for them on, tried to beat their the fact that the convicts, who head against the wall and walked more than 100 meters the floor”. Moreover, the staff in the “swallow” position, of the establishment “loudly were suddenly able to break and distinctly several times out in the disciplinary cell orally asked each of them corridor, although there were to stop their illegal actions” a lot of employees in the and explained that otherwise disciplinary cell corridor and “special means will be used”. start “beating their heads None of them “reacted to the against the wall”. There is warnings and continued to also no explanation why it run rampant”. And at the same was necessary to lead the time, each of them needed convicts for 100 meters and to apply “7-8 beatings”, and more to prevent resistance, to “completely calm them which, if it took place: down” they also had to put a) saw all the convicts “BRS” handcuffs on them. At who were there, the same time, the number b) should have been of beatings, according to the terminated on the spot. inspection and the attached According to Article 60 of photographs, ranged from 20 the Law No. 380-IV of the to 40-50 beatings, while they Republic of Kazakhstan dated were applied to previously January 6, 2011 “On Law forcibly bared body parts Enforcement Services”, “... (buttocks and upper thighs) employees have the right to in a position where the use physical force, including victims were pressed to the combat fighting techniques, floor, including their heads as well as special means, 36 CONSOLIDATED REPORT including handcuffs, rubber especially with all kinds of batons, ... for:… suppressing humiliation of human dignity, riots and group violations should be recognized as of public order (group legitimate. Of course, this is violations of the established quite a fine line of relations regime of detention in the between employees and penitentiary system) ... as convicts, which can be well as against persons determined only by those who intentionally prevent who know the legislation employees from carrying well, constantly improve their out their legal obligations”. knowledge, correctly imagine Since the convicted prisoners the goals and objectives of were in the corridor of the the penitentiary system. disciplinary cell and in the According to the quarantine room the convicts testimony of other convicted were present one by one, respondents, those convicted and there was nothing to who were subjected to “deliberately impede” there, torture did not take any except for the unlawful actions that threaten the life requirements of the staff: to wash the floor with their bare or health of employees. These hands in the toilet or to shout convicts are not leaders of obscenities, there were no the organized criminal group. grounds to use special means Some of them suffer from in relation of the convicts. serious illnesses, in particular, According to Paragraph one of them has the 3rd 3 of Article 104 of the stage of AIDS, one of them Correctional Code of the RoK has hemorrhoids, one of “Convicted ... has no right: … them suffered a hypertensive to resist the lawful actions of crisis, and one has a ruptured the staff of the institutions”, eardrum. The victims were this means that if the actions escorted to a place hidden of the employees are illegal, from the eyes of the other then the convicts have convicts precisely for physical the right to resist these violence and intimidation, actions. And such resistance, which resulted in torture. CONSOLIDATED REPORT 37 The fact that this was convict. The rest did not even a torture is indicated by hold it their hands. There are numerous beatings of no protocols on violations in the convicts with rubber case files. batons in the same place - From conversations with buttocks, previously bared, convicts subjected to the in order to increase pain, use of special equipment, as well as the attempts of the investigation team of the the administration, first, to Taraz police department tried hide the consequences, in to settle disputes out of court, particular, by not reflecting although the cases where the injuries of convicts in there are signs of torture the log, not drawing up and ill-treatment are not acts on the presence of subject to such settlement if beatings and injuries, by officials and law enforcement exerting moral pressure on officers are involved in them. convicts, threatening them As the convicts testified, the that they would be sent to investigators used pressure other colonies, secondly, to convince the them, in by distorting the reality in particular, they were made the case files of convicts, to rewrite the finished text of thirdly, by separating injured the petition, or were forced convicts from the other to sign the written text of the convicts and unjustly placing petition in advance with the them in ward-type room of refusal of any claims against the disciplinary cell. Thus, the employees. Articles 130 and 131 of the The responses received Correctional Code which do from the prosecutor’s office not correspond to actual on this incident show that offenses, were used as the the pre-trial investigation basis for such punishment. authorities and prosecutors In the acts, the actions of ignored giving a legal the convicts are described assessment to the materials incorrectly and illegally, collected by us as the NPM since the phone was actually and they are not attached stored and used by only one to the materials of the pre- 38 CONSOLIDATED REPORT investigation examination on dated February 1, 2010 No.41 the facts of torture and ill- and the Chairman of the treatment. National Security Committee 10 out of the 12 convicts of the Republic of Kazakhstan subjected to torture and ill- dated January 30, 2010 No.15 treatment were subsequently “On ensuring compulsory transferred to Arkalyk in an participation of the specialists institution with a stricter in the field of forensic regime of serving the medicine in conducting sentence. According to the medical examinations for the convicts, the correctional presence of bodily injuries institution for convicts in for persons in temporary Arkalyk and Atbasar is the detention facilities, pre- cruelest in relation to the trial detention centers and violation of the rights of institutions of the penitentiary convicts. system”. This order provides Recommendation: in the compulsory order for strict compliance with the conducting a forensic medical requirement of the Joint examination on the facts Order “On the interaction of of causing bodily harm to law enforcement agencies persons who are in temporary and civil society individuals detention centers, pre- when examining complaints trial detention centers and on torture and other unlawful correctional institutions of inquest and investigation the penitentiary system. This methods”, as well as criminal order is not executed by local prosecution of these facts. police officers, in particular, The Joint Order of the no forensic examinations or Minister of Health of the formal medical examinations Republic of Kazakhstan dated are carried out by emergency January 29, 2010 No.56, the doctors, in polyclinic Minister of Justice of the institutions, by doctors of Republic of Kazakhstan dated the medical ward of the February 1, 2010 No.30, the institution. The injuries Minister of Internal Affairs of that are on the body of the the Republic of Kazakhstan traumatic patient are not CONSOLIDATED REPORT 39 only not described in detail, after being beaten by an but are not always reflected employee of the institution, in medical records. At the he was persecuted by same time, diagnoses of an the administration of the unidentified sample such institution and other convicts as “injury, abrasion, strain, helping the administration. bruises, scar” are used, and He was subjected to later on after the time of the moral, psychological, forensic medical examination administrative pressure from these diagnoses are erased, the administration of the since they make it difficult institution with the aim to to answer questions about make him refuse his petition the mechanism of trauma, submitted to the prosecutor’s the duration of the cause, office. He was threatened and the individual properties with transfer to an institution of the traumatic item. A with a stricter regime for forensic expert in giving an serving a sentence, and this expert assessment takes into threat was finally fulfilled account the shape, nature, by the administration of the size and changes in bodily institution. Until June 19, injuries. The absence of these 2018 (beaten by an employee descriptions deprive the of the institution), for 8 years patient to provide evidence of serving the sentence there of the presence of a traumatic was not a single violation on effect on his or her body. the behalf of this convict, he Recommendation: had 3rd degree of positive strict compliance with the behavior, was kept in relaxed requirements of this order security, worked wherever to ensure timely medical told, he finished education examination by forensic over there in college on the experts. specialty of a crane operator. The case of convicted There is an extract from S.S.I. raises serious concern the protocol No. 18 dated because during the visit to June 27 2018 in the personal the establishment JD 158/7, file (page 110 of the personal he complained verbally that file), where he is recognized 40 CONSOLIDATED REPORT as a malicious violator of the The scene of the accident is regime. On June 27 2018, disciplinary cell. Hematoma in the resolution (p. 111) he of the left eye, bruises on has 3rd degree of negative the left shoulder. Measures behavior indicated. According taken: treatment of wounds. to the Protocol No.18 of Circumstances are not the Disciplinary Council of indicated. At the same time, the detachment No.6 dated in the “description of injuries” 06.26.2018. (p. 113), they column, the initial entry is decided to give the convicted erased with a white marker, S.S.I. 3rd degree of negative another entry is made on behavior and transfer him top of it, which confirms the from the prison with relaxed convict’s words that the staff security to the prison with of the institution are trying to strict regime of serving the hide the true state of affairs. sentence. Thus, until June Convicted S.S.I. claims that on 27 2018, the convicted S.S.I. that day when the convicted was listed in detachment got the hematoma on his No.6 of the institution. The right eye, the log also did not entry in the log of injuries indicate the circumstances of of convicts in the medical the injury. The second entry ward of the institution as of on convict S.S.I., born in 1980, June 20 and 23 2018 about detachment No.1. Complaint the maintenance of S.S.I. received on June 23, 2018. in detachment No.1 does Diagnosis: incised wound not meet the reality, which of the anterior abdominal once again may indicate the wall. Measures taken: sent prosecution of the convicted to the emergency hospital. person and the advance Circumstances are not planning of his transfer to an indicated. institution with strict regime Thus, the medical staff of serving the sentence of the institution, in view (detachment No.1). There is a of the direct subordination record as of June 20, 2018 in of the administration of the log of injuries on convict this institution, voluntarily S.S.I., detachment No.1. or unwittingly takes part in CONSOLIDATED REPORT 41 the prosecution of convicts As for the establishment who objected to the ICH 167/10 of the administration, and injuring penitentiary system in the themselves is only way for South Kazakhstan oblast, the convicts to make the at the time of the visit the prosecutor’s office or other medical assistant’s station did authorities recognize their not comply with the sanitary desperate situation. rules and standards. There Such cases once again was no sink in first aid room prove the need to transfer the for washing hands, there medical part of the institution was no table for medical from the direct subordination manipulations. There is no of the administration of the emergency care algorithm institution to the Committee for anaphylactic shock. of the penitentiary system of Quartz lamp is not used at MIA RoK under the Ministry all, as evidenced by the lack of Health of RoK. All talks of a log of quartz procedures. about the difficulties, the Filtering chamber is missing. absence of the practice of There is still a shortage such work is untenable. of medical staff in the RSE For more than 10 years, in “Establishment AK-159/7” institutions of the Committee of the Department of the of the penitentiary system, penitentiary system in the the Ministry of Internal Karaganda oblast. Medical Affairs of the Republic of staff of the medical ward is Kazakhstan provides training not complete. Part-timers in secondary vocational took the following positions: education colleges, which are a psychiatrist, a dentist, a reporting to the Ministry of dermatologist, a radiologist. Education and Science of the All part-timers work at half Republic of Kazakhstan. rates and accept sick persons In the case of the convict once a week on Saturdays S.S.I. a forensic examination and Sundays. by the investigator was All the above facts indicate appointed almost a month violations of the law, namely after the injury. the Order No. 728 of the 42 CONSOLIDATED REPORT Minister of Internal Affairs of they should be provided with the Republic of Kazakhstan free access to the necessary datedf November 2, 2017 “On health care services without Amendment to the Order of any discrimination on the the Ministry of Internal Affairs basis of their legal status”. of the Republic of Kazakhstan The location of the dated April 7, 2015 No. 314 establishments of the “On approval of the Rules for penitentiary system far the provision of medical care from the regional center to citizens whose freedom contributes to the emergence is detained, as well as to of a number of issues, persons serving by a court including: lack of medical and sentence in custody placed general staff, communications in special institutions, as well with relatives and human as violations of the principle rights defenders. of medical ethics, which I would like to pay special reads: “Health care workers, attention to non-observance especially doctors, providing of the rights and legitimate the medical care of prisoners interests of convicts. The and detainees have a duty NPM team of the region to protect their physical and interviewed convicts mental health and treatment detained in “Establishment of disease of the same quality ZK-169/5” of the Department and standard as is provided to of the penitentiary system those who are not imprisoned in the Kyzylorda region, who or detained”. complained about non- According to the UN compliance with exercising International Standard Rules the rights provided for by law. for the Treatment of Prisoners In particular, 56 complaints (Mandela Rules) Rule 24 pp.1- were filed, namely on the lack 2 “Providing health care to of clothing to be distributed prisoners is the responsibility (cotton suit, cotton t-shirt, of the state. Prisoners should warmed turtleneck, sports be provided with the same tights, vest, pants, shirt and standards of health care that warm pants, sports shoes), exist in the community, and which is a violation of the CONSOLIDATED REPORT 43 Decision of the Government in Karaganda oblast during of the Republic of Kazakhstan a confidential conversation dated November 28, 2014 with convicted S., the fact of No.1255 “On Approval of human rights violations was Nutritional Requirements revealed. For a long time, S. and Living Conditions for tried to re-issue identification Convicted Persons, Suspects documents. According to S., and Accused Persons and he is a citizen of the country Children in Institutions of G., but for unknown to the the Penal Correction System, NPM team reasons, he was and Samples of Uniforms for recognized as a citizen of Suspects and Accused Persons, Kazakhstan and sentenced and the Rules on Provision of to 3 years by the court Free Travel, Food or Money decision. Moreover, during to their Place of Residence or the conversation, S. indicated Work for Persons Discharged that there were no identity from Serving their Sentence documents in his personal file of Short-term Rigorous and he did not know how he Imprisonment or Deprivation could be convicted without of Liberty make a provision for documents. In connection to the national nutritional norms this fact, the NPM team sent (as amended on November a request to the prosecutor’s 10, 2016). office of Karaganda oblast At the time of visiting to clarify and give a legal the RSE “UK-161/11” of assessment on this fact. the Department of the In the SE “Establishment of penitentiary system in AP-162/2” of the Department Kostanay oblast there were of the penitentiary system 4 undocumented prisoners in Pavlodar oblast, the NPM whose citizenship was not team held a confidential identified. Accordingly, these conversation with M. persons are seriously limited (convicted under Article on in their rights. Extremism), during which In addition, in the RSE “AK- there were complaints that 159/11” of the Department he did not receive a positive of the penitentiary system characteristic, allowing to 44 CONSOLIDATED REPORT apply for release on parole. It treatment. According to V., does not violate the internal they used special means rules, but the characteristic is - handcuffs, beat him with still negative. Also, the convict baton on soft spots. A noted that a year ago he was petition was made for the in a penitentiary institution Commissioner for Human in the territory of East Rights. With his consent, Kazakhstan oblast and there photographs of the traces he was tortured with a stun of handcuffs and beatings gun and a wet “submarine”. were made. Also, despite the The administration wanted fact that almost 15 days have him to wear a VAA (a already passed, there are still volunteer administration traces. assistant) mark. When visiting the According to the Order No. “Establishment of the LA - 819 of the Minister of Internal 155/14” of the Department Affairs of the Republic of of the penitentiary system Kazakhstan dated November in the Almaty region, the 17, 2014: in the event of a NPM members received a threat of a criminal offense complaint from convicted B. against a person convicted on the violation of personal by convicted persons and safety. According to the other persons, the convicted convict, the Activists rule in person has the right to make the camp, they freely move a written or verbal petition around the local territories to the administration of the at night, assign convicts to institution to transfer to the watch on the nightstand, in place where there is no such case of refusal, they punish the threat. convicts. It was at night that Members of the NPM activists freely approached team at RSE “UK 161/4” convicted B. with threats of the Department of the that later they will use sexual penitentiary system in the and psychological violence. Kostanay region, during a A complaint was written on conversation with convicted that fact, but at the time of V., revealed facts of ill- the visit, the NPM members CONSOLIDATED REPORT 45 revealed that no action had Code RoK the main tasks been taken. Members of the of the voluntary convict NPM team drew a special organizations are: 1) to message to the prosecutor’s create a positive moral office of Almaty oblast. and psychological climate In addition, in the report in the institution; 2) to of the monitoring visit of develop positive social “Establishment EC-166/5” relations among convicts; 3) there were complaints from 5 to maintain socially useful convicts who voiced that they initiative of convicts; 4) to were repeatedly subjected assist convicts in spiritual, to torture, psychological professional and physical violence and pressure, development; 5) to assist in threats to personal security the organization of work, life from the administration of and leisure of convicts. the institution and wrongful A large number of acts by the voluntary complaints from convicts administration assistant. concerned the actions of In “Establishment ZK- the convicts from Voluntary 169/5” of the Department Administration Assistants, of the penitentiary system in Service of Leisure and Self- Kyzylorda oblast, the NPM education of the Colony, team received complaints Hygiene and Sanitation on personal safety, namely, Service on the fact that they assault, threats, and use their privileged position humiliation of human dignity for personal purposes. After from 18 convicted with some convicts go shopping regard to the “voluntarily in the store or receive the convict organization”, who parcels, food, cigarettes and also commit unlawful acts other things, these items in relation to the conditions are extorted. The convicts of detention provided for who are dissatisfied with and take advantage of the such actions face the risk of privileges granted to them. receiving a notification or According to Part 2 of violation. As they themselves Article 126 of Correctional admit, they have the right to 46 CONSOLIDATED REPORT move around the institution Attention should be paid unaccompanied, they can to the above violations of the accompany other convicts rights of convicted persons, on the premises of the since this does not comply institution, that their task is to with the Nelson Mandela Rule detect violations among the 2, which says: “All prisoners convicts and report them to should receive a respectful the administration, and that attitude with respect to their immediate supervisor is human dignity. It is necessary deputy head of the institution. to protect prisoners from Thus, the voluntary convict torture and other forms of ill- organization does not treatment. It is necessary to correspond to the main tasks ensure the permanent security of any of the 5 points of Part 2 and safety of prisoners, staff, of Article 126 of Correctional visitors and individuals”. Code RoK. In addition, It leaves much to be DPA, SDISK, GHS convicts desired to comply with violate Part 4 of Article 126 the temperature regime in of Correctional Code RoK winter and the quality of “Members of voluntary drinking water, which creates organizations of convicts undoubted health risks for do not take advantage of inmates in institutions. liberties, privileges and It is necessary to talk cannot exercise the powers separately about the stores of the administration of the inside the institutions. institution”. Unfortunately, during NPM All correspondence, letters, monitoring visits, stores complaints pass through are most often closed. But the strictest censorship, when interviewing convicts, according to the convicted the NPM group regularly such letters, which contain receives complaints about information about illegal high prices and poor actions of employees, do not assortment. Stores, despite leave the institution, and the being owned privately, serve sender undergoes preventive as an additional corruption work. tool. CONSOLIDATED REPORT 47 In connection with the 4) It is necessary to above violations, which were confirm the existence of a noted in the NPM team issue with living quarters for reports, we give the following convicts and their sanitary recommendations: and hygienic provision, and 1) It is necessary to take into account the decision ensure the implementation of the Security Council of the of the provisions of the Republic of Kazakhstan dated standard minimum rules for May 25, 2011, to find resources the treatment of prisoners for repairing the premises (“Nelson Mandela Rules”), of correctional institutions adopted on May 21, 2015, by under the Department of harmonizing this provision the penitentiary system and with the departmental creating proper sanitary subordinate acts of the conditions, providing in Committee of the penitentiary reality the necessary living conditions for the convicts system of the MIA of the RoK; with disabilities; 2) It is necessary to 5) In view of the introduce into the educational unresolved issues of ensuring process the preparation and the right of convicts for health professional retraining of protection and obtaining the staff of the penitentiary qualified medical assistance, system, of national guard it is necessary to intensify the servicemen and to introduce procedure of transferring the special courses to study the sector of medicine in prisons recommendations of the to civilian health care sector. “Nelson Mandela Rules” 6) In order to increase the 3) It is necessary to form transparency of penitentiary the practice of conducting institutions, it is necessary to training seminars in a training provide convicted persons with format for the effective legal access to the internet, as interaction of correctional well as the possibility of using institutions employees and video-conferencing, skype- members of the PMC in the technologies, which contribute process of public control; to greater transparency of 48 CONSOLIDATED REPORT the conditions of convicted ignored by the correctional persons; institutions administration, it 7) In connection with is necessary to develop and corruption risks associated implement guidelines for the with obtaining a degree re-socialization of convicts of behavior, transfers from the groups that are from one institution to rejected by other convicts. It is another and other types of important to envisage social punishments and incentives, technologies to provide these it is recommended that the persons with rehabilitation administration should gather assistance and to prohibit the commissions consisting of administration and staff of human rights defenders, state bodies and institutions prosecutors, representatives executing punishment in the of religious denominations, form of imprisonment, to deputies. adopt the rules of separation 8) In order to exclude the of convicts from rejected possibility of the administration “small groups” established of correctional institutions in the criminal subculture distributing disciplinary of convicts and to develop a and other responsibilities to system of measures for the some convicted in relation to protection of convicts from other convicted persons it is sexual assault; necessary to provide in the 10) It is necessary to criminal executive legislation create a system of countering of the Republic of Kazakhstan criminal behavior of convicts a ban on distribution of powers based on the use of modern of controlling other convicts to engineering and technical some convicted persons and means of protection and assisting the administration supervision, new technologies of correctional institutions in and approaches to the exercising such control; organization of security of 9) Taking into account the facilities of the penitentiary issue of criminal segregation system, as well as to form a and stratification of convicts unified technical policy in the in prisons which is in fact field of equipping complexes CONSOLIDATED REPORT 49 with engineering and 13) It is necessary to technical means of protection put the prison canteens in and oversight. It is important a competitive field, which to equip correctional facilities will undoubtedly affect the with modern integrated reduction of corruption security systems; the staff of factors and improvement of the penitentiary system should nutritional conditions. use a complex of individual 14) It is necessary to preventive measures to carry out activities to train prevent offenses, including employees of institutions on crimes committed by convicts; the implementation of the 11) It is necessary to Nelson Mandela Rules and the introduce monitoring of the provisions of the penitentiary convicts’ behavior using and executive legislation of electronic control technologies Kazakhstan in the field of (video surveillance, prevention of torture and electronic bracelets, wireless cruel degrading treatment technologies, etc.). Such and punishment; measures, envisaged by the 15) Taking into account body executing punishment, the decision of the Security should become elements Council of the Republic of of the new concept of the Kazakhstan dated May 25, functioning of correctional 2011 on the construction of institutions of Kazakhstan, new power supply agencies which aims to bring the service with a measurable content, it to European standards for the is necessary to continue the containment of convicts in work on modernizing housing correctional institutions. complexes for the convict 12) Due to the fact that containment, repairing entrepreneurs working in the sanitary facilities, expanding stores in places of detention the network of beddings do not work in a competitive and ensuring regular living field, it is necessary to establish conditions, corresponding to the price list averaged for the social standards of living, for region for them. convicts in custody; 50 CONSOLIDATED REPORT 16) Given the importance and examinations of convicts, of medical care and the as well as in the situations of involvement of qualified convoying them, it is necessary medical professionals in the to provide for video recording provision of medical services of actions of correctional to convicts, it is important institutions officers conducting to develop a mechanism to a search and (or) examination attract doctors and other of convicts, as well as during medical staff of civil health the process of convoying; care by encouraging their 18) In connection with the work, providing various corruption risks associated benefits and salary increases, with the distribution of equating working days in convicts for transferring correctional institutions to them, it is necessary to notify night duty and to work days NPM members in advance on weekends and holidays. It of the convicts who are is necessary to take control awaiting prison transfer due over the situation on providing to negatively characteristic. the convicts with HIV status, Also, these convicts may be people with disabilities, people with epileptic and convulsive subjected to cruel treatment, syndromes, chronic diseases, in order to prevent it, it is with medical preparations to advisable for NPM members give them an opportunity to to have initial data; receive continuous treatment. 19) In accordance with Also, it is necessary to provide Paragraph b of the United the above-mentioned persons Nations Rule 11 of the with the examination and Standard Minimum Rules for consultation of narrow the Treatment of Prisoners: specialties (neurosurgeons, “... artificial lighting should endocrinologists, cardiologists, be sufficient enough for etc.) and implement their prisoners to read or work recommendations; without risk to damage their 17) Taking into account eyesight”, in accordance with the high risk of torture and this Guideline of Criminal ill-treatment during searches Code 161/11 it is necessary to CONSOLIDATED REPORT 51 equip the detachment rooms the Republic of Kazakhstan with sufficient lighting; on Combating Economic 20) The salary of convicts and Corruption crime of working should be brought February 2, 2010, No.16 into compliance with the Law “On the interaction of law of the Republic of Kazakhstan enforcement agencies and dated November 30, 2017 civil society in the inspection “On the republican budget for of complaints of torture and 2018-2020”; other unlawful methods of 21) It is necessary to inquest and investigation, as strengthen control over the well as criminal prosecution registration procedure and to According to the facts”. In transfer timely the complaints particular, the materials and proposals submitted by they collect during the visit convicts; should be included in the 22) It is important to examination materials and conduct explanatory work should be taken into account with convicts on legal issues, when making decisions. in particular on the activities 24) It is necessary to strictly of NPM. comply with the requirements 23) It is necessary to strictly of the Joint Order of the comply with the requirements Minister of Health of the of the Joint Order of the Republic of Kazakhstan dated General Prosecutor’s Office January 29, 2010 No.56, of the Republic of Kazakhstan the Minister of Justice of the on February 3, 2010 No.10, Republic of Kazakhstan dated Minister of Justice of the February 1, 2010 No.30, the Republic of Kazakhstan on Minister of Internal Affairs of February 2, 2010 No.31, the Republic of Kazakhstan Minister of Internal Affairs of dated February 1, 2010 No.41 the Republic of Kazakhstan and the Chairman of the on February 2, 2010 No.46, National Security Committee Chairman of the National of the Republic of Kazakhstan Security Committee of the dated January 30, 2010 No.15 Republic of Kazakhstan and “On ensuring compulsory Chairman of the Agency of participation of the specialists 52 CONSOLIDATED REPORT in the field of forensic medicine of causing bodily injuries in conducting medical to persons in temporary examinations for the presence detention centers, pre- of bodily injuries for persons in trial detention centers and temporary detention facilities, correctional institutions of pre-trial detention centers and institutions of the penitentiary the penitentiary system. system”. This order provides Timely medical examination for a mandatory forensic by forensic experts should be examination of the facts ensured. The situation of persons detained in pre-trial detention centers under the Committee of the Penitentiary System of MIA of RoK

Prepared by: Baltabayev Kuanysh Zhetpisovich 3 Syzdykov Olzhas Turgunovich 54 CONSOLIDATED REPORT General provisions 6) convicted who The pre-trial detention have been left in pre- center is a special correctional trial detention centers or institution designed to transferred to them from detain: suspected and the institutions executing accused of committing a penalties in connection with crime, who receive detention the conduct of investigative as a preventive measure. actions in cases of crimes The pre-trial detention committed by other persons, centers detain those: or in connection with the 1) suspects and accused, consideration of such cases criminal cases in respect of in courts. which are taken to production In their visits to the pre- by the bodies of inquest and trial detention facilities, NPM investigation; members were guided by the following regulatory acts 2) suspects and accused, governing the legal relations criminal cases in respect in this area: of which are accepted for proceedings by the courts 1. The Constitution of the (accused); Republic of Kazakhstan. 3) convicted in criminal 2. The Law of RoK dated cases in respect of which the June 29, 1998 No.247-1 convictions have not entered “On the accession of the into force; Republic of Kazakhstan 4) convicted in other to the Convention criminal cases in respect of against Torture and other which arrest was used as a Cruel, Inhuman and preventive measure; Degrading Treatment or 5) convicted in criminal Punishment”. cases, subject to be transferred 3. The Law of the Republic to correctional institution, of Kazakhstan dated executing criminal penalties June 26, 2008 No.48-IV in the form of imprisonment, “On ratification of the or to compulsory treatment Optional Protocol to in the prescribed manner; the Convention against CONSOLIDATED REPORT 55 Torture and other temporary isolation from Cruel, Inhuman and society” (hereinafter Degrading Treatment or referred to as the Law Punishment”. of the Republic of Kazakhstan No.353). 4. The Law of the Republic of Kazakhstan dated 8. Criminal Procedural February 11, 2009 Code of the Republic of No.130-IV “On ratification Kazakhstan dated July 4, of the Optional Protocol 2014 No.231-V Law of to the International RoK (hereinafter referred Covenant on Civil and to as CPC RK). Political Rights”. 9. Correctional Code of the 5. The Law of the Republic Republic of Kazakhstan of Kazakhstan dated dated July 5, 2014 November 28, 2005 No.234-V Law of RoK No.91-III “On ratification (hereinafter referred to as of the International Correctional Code RoK). Covenant on Civil and 10. The Decision of the Political Rights”. Government of the 6. The United Nations Republic of Kazakhstan Standard Minimum dated November 28, Rules for the Treatment 2014 No.1255 “On of Prisoners, adopted Approval of Nutritional by General Assembly Requirements and Resolution 70/175 on Living Conditions for December 17, 2015 Convicted Persons, Suspects and Accused (Nelson Mandela Rules). Persons and Children in 7. The Law of the Republic Institutions of the Penal of Kazakhstan dated Correction System, and March 30, 1999 no. 353-I Samples of Uniforms “On the procedure and for Suspects and conditions of detention Accused Persons, and of persons in special the Rules on Provision institutions that provide of Free Travel, Food or 56 CONSOLIDATED REPORT Money to their Place of the Minister of Internal of Residence or Work Affairs of the Republic for Persons Discharged of Kazakhstan dated from Serving their March 29, 2012 No.182 Sentence of Short-term (hereinafter referred to as Rigorous Imprisonment the Internal Regulations). or Deprivation of Liberty 13. The Rules of organization make a provision for of activities and internal the national nutritional regulations of special norms” (hereinafter institutions implementing referred to as Decision the execution of penalties No.1255). in the form of arrest in 11. The Rules for the accordance with the implementation of annex to the present the protection and order (the Order of supervision of persons the Minister of Internal in pre-trial detention Affairs of the Republic of facilities of the Kazakhstan dated July 26, penitentiary system 2017 No. 504) approved by the Order 14. The Order of the of the Minister of Internal Prosecutor General of the Affairs of the Republic of Republic of Kazakhstan Kazakhstan of March 29, dated January 6, 2015 2012 No.182 (hereinafter No. 7 “On the approval referred to as the Rules of the Guideline on of protection). the organization of the 12. The Internal Regulations prosecutor’s supervision of the pretrial detention over the observance of centers under the legality in the execution Committee of the of punishments, penitentiary system of detention of persons in the Ministry of Internal special institutions and Affairs of the Republic monitoring of those of Kazakhstan // released from places of approved by the Order detention” (hereinafter CONSOLIDATED REPORT 57 referred to as the Order approval of the Rules of of the Prosecutor General providing medical care No.7). to citizens in custody, 15. The Construction as well as to persons Standards of RoK 3.02- serving a sentence by 24-2014 “Design of a court sentence in pre-trial detention custody placed in special centers” // the Order institutions”. of the Committee for Construction, Housing An analysis of the and Public Utilities and management of these Land Management MNE regulations on UNPM reports RoK dated December shows that in their practical 29, 2014 No.156-НK activities, law enforcers are (hereinafter referred to as not always oriented in the CS RoK 3.02-24-2014). hierarchy of these acts, and hence their legal significance. 16. The Order of the Minister The hierarchy of legal acts of Internal Affairs of the is determined in Article 10 Republic of Kazakhstan of the Law of the Republic dated July 26, 2017 of Kazakhstan dated April No.505 “On approval of 6, 2016 “On legal acts”. the Internal Regulations With regard to our subject of the pre-trial after the Constitution of detention centers of the the Republic of Kazakhstan penitentiary system” and international legal acts 17. The Order of the Minister ratified by Kazakhstan, of Internal Affairs of the the rules of the Code of Republic of Kazakhstan Criminal Procedure of the dated November 2, Republic of Kazakhstan 2017 No.728 “On concerning procedural issues Amending the Order of of imprisonment and then the Minister of Internal the norms of the Law of the Affairs of the Republic Republic of Kazakhstan of of Kazakhstan dated the Correctional Code RoK April 7, 2015 No.314 “On No.353 should be taken 58 CONSOLIDATED REPORT into account. The norms of Code RoK, the transfer of a Correctional Code RoK in convicted person to a mixed pre-trial detention centers security institution is allowed regulate the procedure and by decision of the authorized conditions of detention body of the penitentiary of prisoners sentenced to system in the following cases: custody transferred there 1) ensuring the safety from the colonies during the of the convict in accordance trial process of criminal cases with Part 5 of Article 12 of the due to newly discovered Correctional Code RoK; circumstances, criminal 2) reorganization or cases of other persons in liquidation of the institution; which they can act as other 3) industrial necessity members in the process. with the consent of the Further, the Standards of the convict; Correctional Code RoK in 4 necessity to enforce pre-trial detention centers law and order in the apply to prisoners sentenced institution. to prison or left to work on The procedure and maintenance services, as well conditions for the execution as prisoners who arrive from of the arrest, along with institutions in accordance Correctional Code RoK, are with Article 88 of the regulated by the Rules of Correctional Code RoK. organization of activities Article 89 of Correctional and internal regulations Code RoK clasiffies pre- of special institutions that trial detention facilities as carry out the execution of mixed security institutions. punishment in the form of According to the Law of the arrest according to the annex Republic of Kazakhstan dated to this order (the Order of April 18, 177 No.58-VI, in pre- the Minister of Internal trial detention centers such Affairs of the Republic of form of punishment as arrest Kazakhstan dated July 26, is executed. 2017 No.504). According to Part 4, The main regulatory act Article 88 of the Correctional governing the procedure CONSOLIDATED REPORT 59 and conditions of detention which provide temporary of suspects and accused isolation from society in persons in pre-trial detention the Correctional Code RoK, centers is the Law of the should be resolved. To this Republic of Kazakhstan dated end, it might be necessary to March 30, 1999 No.353-I “On provide a new Section 7 in the the procedure and conditions Correctional Code RoK “The of detention of persons procedure and conditions in special institutions that for the detention of persons provide temporary isolation in special institutions that from society” (hereinafter provide temporary isolation referred to as Law No.353). from society”. The Orders of the Minister In 2018, NPM members of the Interior, the Prosecutor conducted 33 visits to the General and derivative pre-trial detention centers, regulations in this area of which: 11 regular, 13 should not contradict with intermediate, and 9 special. the Correctional Code RoK, The staff of the pre- the Criminal Procedure Code trial detention centers are of the Republic of Kazakhstan generally aware of the and the Law of the Republic activities of NPM and often of Kazakhstan No.353. there are no issues with The study of law unimpeded access to the pre- enforcement practice shows trial detention center. We can that the Law of the Republic only note that in Kostanay of Kazakhstan No.353 does oblast during a special visit not regulate all public on February 9, 2018 it took relations arising during the NPM members 40 minutes execution of detention in for clearance, they had to respect of suspects and wait for permission to visit. accused, and this forces them The NPM members noted to apply to the norms of the in the report that the junior Correctional Code RoK. It staff of this institution has no seems that all issues relating idea about the NPM concept. to the detention of persons In another case, when visiting in special institutions, the establishment ES 164/1 in 60 CONSOLIDATED REPORT Petropavlovsk, the members purposes, the management waited a long time for the of these institutions and permission from the head the Department of the to be able to bring a camera penitentiary system do a and a voice recorder to the lot of work to meet the institution. requirements of international In the consolidated standards and national reports on the activities of legislation to create NPM in previous years, the appropriate housing, hygiene conditions of detention were and sanitary conditions for of particular concern as most the special community. of the buildings were built at The elimination of a the end of the 19th and early number of important issues 20th centuries and carrying depends on the decision out current and capital made at higher levels of state repairs does not solve issues power and cannot be resolved with maintenance conditions: by the leadership of the the outdated sewage system, institution and the leadership ventilation, insufficient of the Committee of the window size, humidity, and penitentiary system. Thus, such issues, unfortunately, due to the congestion of the were not solved in 2018. establishment EC-166/1 in Long living in such Astana and due to decay and conditions in some cases unsuitability of the building, can be qualified as torture or the sanitary norms of area humiliation of human dignity. per person are not observed. In some cells, windows do Housing, hygiene and not open, in some cells there sanitary conditions is much humidity, bedding is Visits made by NPM wet. Living in such premises members in 2018 to the may lead to the emergence institutions allow us to make and development of various a general conclusion that, diseases. During confidential despite the general issue of the meetings with the persons decay of the buildings, their detained in this pre-trial unsuitability for operational detention center, complaints CONSOLIDATED REPORT 61 were expressed about the from scrap materials. Such deterioration of nutrition, facts can be evaluated as cold temperature in the cells, humiliation of human dignity. strong humidity, rare change Year after year, in their of bed clothes and the reports NPM members inability to wash in the bath indicate a lack of natural light because the water supplied in cells. The reason for this is from the battery has an unpleasant odor, there is no the small size of the windows room for washing personal in the cells and the excessive items. gridding of these windows. Visits in 2018 also Also for these reasons, there revealed a number of issues is poor access to fresh air. that could be addressed During the reporting period, by the leadership of these such facts were noted when institutions. Thus, a visit to visiting the establishment JD the establishment LA-155/16 158/1 of the Department of of the Department of the the penitentiary system in penitentiary system in Almaty and Almaty oblast showed Zhambyl oblast. such issues as windows in The issue of the pre- some cells lacking glass, trial detention center which and covered by cellophane is annually noted also film. In this institution the includes the unsuitability beds with large holes were of the sanitary equipment discovered, which made the of the premises, the poor mattresses fall in, and it was functioning of the sewage completely uncomfortable to system and the lack of hot sleep on them, according to water in most cases. These the inmates. issues were noted by NPM The conditions for privacy in the cells were not provided members in 2018, in particular, in this institution and a when visiting the institution number of others. In some AK-159/1 department of cells, the tenants themselves the penitentiary system of installed curtains made Karaganda oblast. 62 CONSOLIDATED REPORT Medical services newborn child who was born Visits to pre-trial detention on 10.25.2017. According center in 2018 revealed a to the verbal complaint significant number of medical received from M. (cell service violations. These No.413), who was diagnosed include annual comments with a fracture of the first on the lack of medical staff lumbar vertebra, admitted on in the institution, insufficient January 05, 2018, the medical provision with medical staff do not always respond preparations, complaints promptly to a request for the about the lack of medical painkillers. So, an anesthetic support from narrow medical injection can be delivered not specialists, and ignoring the according to the schedule, call for medical staff, lack of but at any time (after 9.00 control over the diseases o’clock). Thus, suffering from requiring continuous severe pain, M. cannot move treatment - diabetes, HIV, and, accordingly, does not tuberculosis, the poor state attend planned walks. After of the furniture in the medical suffering for some time wards. from an intolerable pain, All the above is confirmed M. was forced to knock on by the following facts the cell door so that the revealed during the visits to administration would pay pre-trial detention center in attention to him. After that, 2018. the medical officer began to When visiting the make injections 2 times a day. establishment EC-166/1 On February 8, 2018, he had of the Department of the a convulsive seizure and an penitentiary system in Astana ambulance was immediately according to the verbal called. complaint received from A. According to the verbal (cell No.317), the institution complaint received from does not have a pediatrician I. (cell No.614), he wrote a and does not provide the request to the medical ward, necessary vitamin and but the medical officer did medicine complex for a not examine him. According CONSOLIDATED REPORT 63 to the verbal complaint against the medical staff. So, received from S. (cell No.615), the main complaints were he wrote a petition to the about untimely visits after the medical ward explaining his request was sent, ignoring the state of health (according to calls for the medical worker, him he has brain concussion), casual (formal) examinations but the medical officer did and insufficient provision not examine him. According of medications. In addition, to the verbal complaint they note the absence of received from M., he did not consultations from relevant have a medical examination specialists (in particular, and there is no daily medical an endocrinologist, a round. According to the gynecologist, specialists from verbal complaint received the AIDS center). from A. (cell No.405), the Concern is caused by institution has AIDS sick the lack of control over the persons, with dental pain, the diseases requiring continuous dentist only offers to remove treatment - diabetes, HIV, the tooth, sanitation is not tuberculosis. Sick persons conducted properly, more in these categories cannot than 100 people are at risk, and should not be left alone masks for tuberculosis sick with their issue. There is also persons are not distributed. A. the issue of providing these himself has been diagnosed individuals with medications. with pancreatitis, but the According to the arrested, institution lacks proper care receiving injection insulin for the sick as well as it lacks replacement therapy, for the necessary medications. a long time (according to When NPM members her during 6 months) there visited the establishment LA- were no consultations from 155/18 of the Department an endocrinologist for the of the penitentiary system purpose of adjusting the in Almaty on January 18, treatment and prescribing 2018, during interviews with the necessary doses of the the arrested of the latter, medication. A similar issue complaints were voiced there is with a person arrested 64 CONSOLIDATED REPORT who has HIV-positive status, attention was drawn to the and who, staying in the outpatient card of Z., upon institution for a long time, studying which it was found was never consulted by the that on October 01, 2017, specialists from the AIDS during an X-ray examination center for the adjustment of of the left hand a phalanx the treatment. It seems that fracture of the 4th finger was a similar situation is with all detected. Then, together with chronic sick persons. the attendant, we went to cell It was also revealed on No.54, where Z. was detained. basis of the medical staff During a confidential explanations that at night conversation, according to (after 10:00 pm) there is his words, it was established no doctor on duty in the that on September 19, 2017, institution, if necessary, an after transfer to the Ili district ambulance is called. This police department of Almaty circumstance cannot but be oblast, the investigator of the alarming, since if there is a Department of Internal Affairs large number of people in of Almaty oblast during the institution, the risk of an interrogation by threats and emergency situation arising is blackmail demanded him very high. Duty staff who do to sign the interrogation not have medical education protocol, and began to twist cannot assess the severity the fingers of his hands, as a of the condition in time result of which he felt severe and provide proper medical pain. After the investigative assistance. measures he was returned Several cases that require to the establishment LA- priority attention have 155/18, where the staff of been presented to the NPM the establishment drafted an members. This is the case act of causing bodily injuries. of Z. detained at the time Further, being already in the of the visit in cell No.54. establishment LA-155/18 he When studying outpatient wrote a complaint addressed cards in the hospital of the to the special Prosecutor and establishment LA-155/18, the Department of Internal CONSOLIDATED REPORT 65 Affairs of Almaty oblast. LA-155/18, where being After that he was delivered already in a cell he protested to the National Research by swallowing a part of an Surgery Center named after aluminum spoon and, having Syzganov for surgery on a broken a light bulb, cut his left fracture by the staff of the forearm with splinters, then institution. At this time, Z. is the staff of the institution not aware of what procedural was placed in the infirmary, measures have been taken in where he received first aid. relation to the investigator. At present, his condition is At this time Z. also complains satisfactory, he complains about the contracture of the of minor abdominal pains in 4th finger of the left hand, the place of localization of a i.e. incomplete flexion and foreign object. According to extension of the finger, and the medical staff, the patient he has a concomitant disease received a consultation from in the form of diabetes. specialists, an abdominal Another case that requires radiography was done, urgent attention is the case recommendations were given of K., born on 02.05.1987, to conduct watchful waiting who was in the hospital of treatment. Members of the the establishment LA-155/18. NPM team in Almaty took the In a confidential conversation complaint of A. Kovshenin with NPM members, K. said against the employees of the that on January 8, 2018, during Zhambyl District Office of his arrest by employees of Internal Affairs of the Almaty the Zhambyl District Office of region, the complaint is Internal Affairs in the Almaty attached to the annex of the region, he suffered injuries, NPM members report. which are registered in the In the absence of outpatient card and the medical workers (evening submitted certificates from and weekend shifts), the the emergency room of the reception of the transferred Zhambyl district CDH. Then, persons is carried out by the after court sanctions, he was duty assistant officers (duty brought to the establishment assistants to the head). 66 CONSOLIDATED REPORT This provision is contrary to Monitoring persons could international practice, where personally verify this. An the participation of medical employee of the medical staff in examinations is not ward, doctor M., refused to ethical. “The responsibility of answer questions, claimed the doctor to provide medical to be very busy and left the assistance to the prisoner medical office. should not overlap with the Returning to the office duty of participation in the later, she could not give prison security system”1. information about the reasons for the absence of Also, employees conduct­ medical records of convicts. ing inspections should be She claimed that it was not trained to conduct them in her responsibility. a sensitive and professional While monitoring the manner, avoiding un­ female cell, a complaint was necessary penetrations and received from the person 2 touches . under investigation that In total, as of the beginning she needed plaster to be of the year until January 18, replaced, but doctor M. 2017, 67 people arrived as claimed that she did not prison transfer. know about this fact and did The visit paid to pre-trial not consider it necessary to detention center UKA 168/1 deal with fracture issues. in Aktyubinsk oblast on In one of the cells accused May 15, 2018 showed that O. was discovered with traces the quality of medical care of beatings, hematomas. and the attitude of medical At the time of monitoring, workers, according to the he was in the cell for 10 pre-trial detention center days. None of the medical inmates, leaves much to be staff of pre-trial detention desired. center was interested in the convict’s well-being. Wounds 1 Personal inspection. Pre-trial Monitoring Information Bulletin. APT, and hematomas were not Penal reform international, p. 5. treated and bandages were 2 Ibid., p. 5 not changed. CONSOLIDATED REPORT 67 Many accused complained MIA RoK in Pavlodar oblast about employees refusing on September 11, 2018 to provide necessary NPM members studied the examination in the hospital. “Ambulance call log” (started Doctor M. stated that it on January 01, 2009, inventory depended on the head of number 511) and noted that the institution, to whom she since the beginning of 2018 regularly verbally reported there was 21 call recorded in on such a need, but the head the log. did not take any action. It was noted that the When talking with the log has a record with the head of the institution, this diagnosis “Cut wound of fact was not confirmed. The the anterior abdominal administration explained that wall, hospitalization to the a request must be submitted 3rd City Hospital”, but the in writing if there is a need patient’s full name and date to bring the prisoner out for of birth were missing. The medical examination, but staff of the institution could there were no such requests. not give a clear explanation As a result of a visit to the of this record, referring to the RSE establishment UK 161/1 fact that this log is filled by in Kostanay oblast, there were ambulance staff, and in some 8 vacancies out of the total cases they refuse to fill in the number of medical staff in 20 call log at all. people. There were vacancies Also there were records in in almost all checked pre-trial the call log: March 05, 2018 detention centers in 2018. at 01.00 a.m., D. born in 1990 There are such reasons for – cut wound; June 17, 2018 this situation, according to at 04.31 p.m., K. born in1989 NPM members, as low wages, – fracture of the right hand; specific working conditions April 08, 2018 at 11.23 p.m., B. in pre-trial detention centers. born in 1990 – cut wounds in 3 When visiting the places, 1 cm each. According establishment AP-162/1 to the administration, these under the Committee of persons injure themselves the penitentiary system for various reasons, such as 68 CONSOLIDATED REPORT disagreement with the court In accordance with sentence. Paragraph 1 of Article 32 The reports of the NPM of the Law of the Republic members for 2018 on of Kazakhstan No.353, medical services to the to the extent possible, it inmates of the pre-trial is necessary to provide detention center once again separate placement in the confirm the need to transfer cells for smokers and non- medical services in the smokers. This dispositive rule penitentiary system sphere is not observed for unknown from the subordination of the reasons. In almost all cells, Ministry of Internal Affairs of smokers and non-smokers the Republic of Kazakhstan to are placed together. the sphere of subordination Respect for the rights to the Ministry of Health of of pregnant women and the Republic of Kazakhstan. women with children is not For an objective investigation fully implemented, as these of the circumstances of the people are not adequately treatment of imprisoned by provided with the necessary the staff and investigators nutrition. and the proper protection of The cell doors have their interests, it is necessary information sheets about the to make medical service duties of the suspects and independent of the control the accused attached, but of the administration. there is no information about legal rights! Separate placement in cells Exercise of statutory rights is also not implemented and A regular visit to the this right is not respected. pre-trial detention center There were cases when of the Department of the convicted for the murder penitentiary system in Astana was placed together with the (EC-166/1) on February 10, accused. So, in cell No.614 2018 showed that violations there are 2 people, one of of prisoners’ rights can be whom (I.) was sentenced to observed at this facility. 17 years, and his cellmate S., CONSOLIDATED REPORT 69 with no previous convictions, one should be subjected to is under investigation. torture, violence, other cruel All of the above indicates or degrading treatment or the violation of Article 32 punishment”. (“Separate placement in When NPM members cells”) of the Law of the visited the establishment ZK- Republic of Kazakhstan dated 169/1 of the Department of March 30, 1999 No. 353-I “On the penitentiary system in the procedure and conditions Kyzylorda oblast on April 19, for keeping individuals in 2018, it was discovered that special institutions that women, minors, sick persons provide temporary isolation and convicts, who are in the from society”. local area No. 1, convicted, According to the verbal who conduct general labor complaint received from activities at the institution are A. (cell No.119), on the fed from one boiler, although night of January 01, 2018, the nutrition rate is different the administration officials for everyone. Each category prohibited him to get has their own rate of daily out of bed and go to the consumption of food products toilet. According to the according to the Decision verbal complaint received of the Government of the from S. (cell No. 615), the Republic of Kazakhstan administration puts pressure dated November 28, 2014 on him, creates intolerable No.1255 “On Approval of conditions of detention. Nutritional Requirements According to the respondents, and Living Conditions many people do not want to for Convicted Persons, file a complaint because of Suspects and Accused the fear of a negative reaction Persons and Children in from the administration. Institutions of the Penal NPM members stated in their Correction System, and report that such actions are a Samples of Uniforms for violation of the Constitution Suspects and Accused of the Republic of Kazakhstan, Persons, and the Rules on according to which “No Provision of Free Travel, 70 CONSOLIDATED REPORT Food or Money to their food and basic necessities Place of Residence or Work in the operating accounts of for Persons Discharged the temporary placement of from Serving their money in the amount of up Sentence of Short-term to two monthly calculated Rigorous Imprisonment or indices; Deprivation of Liberty make 2) have two short visits a provision for the national during the year; nutritional norms”. 3) enjoy a daily walk in NPM members note that duration of one and a half in accordance with Article 88 hours. Clause 4 of the Correctional Meanwhile, on the basis Code RoK, a convict can of Part 4, Article 136 of the be transferred from one Correctional Code RoK, they institution to another of have the right to: the same type or to a 1) spend monthly cash mixed security institution funds on the purchase of allowed by the decision of food and basic necessities the authorized body of the in the operating accounts of penitentiary system in cases the temporary placement of (attention – not by the court) money in the amount of up when the need arises to to two monthly calculated enforce law and order in indices; the institution (Clause 4). 2) receive three parcels or And in many cases, why deliveries and three packages are convicts transferred? within a year; Without a disciplinary 3) three short visits during sanction, detained in the year; normal and even relaxed Part 4 is supplemented by security of detention. sub-clause 4 in accordance If such a transfer to a mixed with the Law of the Republic security institution takes of Kazakhstan dated July 03, place, convicted persons 2017 No.84-VI have the right to: 4) enjoy a daily walk in 1) spend monthly cash duration of one and a half funds on the purchase of hours. CONSOLIDATED REPORT 71 Thus, as noted by NPM b) type and duration of members, the situation of the penalties that may be persons transferred to pre- imposed on prisoners; trial detention center from c) authority having institutions of medium the right to impose such security level worsens. They penalties; do not have the right for d) any measures of telephone conversations forced separation of detainees from the general or the right for long visits. inmates, such as solitary Moreover, in their opinion, confinement, isolation, a legal conflict arises: the segregation, placement authorized body cancels in a punishment cell or the decision of the court restriction of conditions regarding the type of of detention, whether as a institution worsening the disciplinary measure or to rights of convicts, and the enforce order and safety, term of the convicted person including the introduction staying in the mixed security of principles and procedures institution in local areas regulating the use and called “special valleys” is not revision of the procedure regulated. A convict may stay for the petition and in these institutions for years, abolition of any measures which is contradicts: of compulsory isolation. Rule 37 of the UN Rule 58 1. Prisoners should be Standard Minimum Rules allowed to communicate with for the Treatment of their families or friends with Prisoners, which insistently regular intervals and under requires to regulate by the proper supervision: laws or regulations of the a) through written competent administrative correspondence and authority: using telecommunication, a) behavior that electronic, digital and other constitutes a disciplinary means if there is such an offense; opportunity; and 72 CONSOLIDATED REPORT b) during the visits. Nelson Mandela Rule 4 2. In cases where says: conjugal dating is allowed, 1. The objective of a this right should be exercised sentence of imprisonment or without any discrimination, a similar deprivation of liberty and women prisoners should is mainly for the protection be able to exercise this right of society from criminals and equally with men. the reduction of recidivism. Rule 106 These goals can only be Special attention should achieved if the prison term is be paid to maintaining and used, to the extent possible, strengthening ties between to ensure the reintegration the prisoner and his or her of such persons into society family, which seem desirable after their release, so that and serve the interests of they can lead a law-abiding both parties. and independent way of life. The same conclusion of 2. In this regard, the the NPM members should prison administration and be agreed with. We have a the competent authorities violation of human rights should provide appropriate here not on the basis of a law, and available tools for but on the basis of a decision education, vocational training of an administrative body. and work, as well as other types of assistance, including Right for labor and correctional, moral, spiritual, education social, medical and sports nature. All such programs, In mixed security activities and services should institutions for convicts be rendered to the individual who are in local areas of needs of prisoners’ re- “special valleys”, there is no education. opportunity to work and earn money. Also the law Rule 96. obliging all citizens to have 1. Convicted prisoners a secondary education is should be able to work and violated. or actively participate in their CONSOLIDATED REPORT 73 rehabilitation, provided that Connections with the outer the doctor or other qualified world medical professionals have Connections with the outer established their physical and world for prisoners in pre-trial mental health. detention center are carried 2. Prisoners should be out primarily through short provided with useful work and long meetings with family sufficient to complete a members. In addition, this normal working day. communication is conducted Rule 104 through the right of prisoners 1. All prisoners who to exchange correspondence, are able to benefit from this to receive parcels, the right should be provided with to watch television, movies, the opportunity of further listen to radio programs, education, including religious read newspapers, magazines, education in countries where the right for telephone such is allowed. Education conversations. of illiterate prisoners and An analysis of the reports of juvenile prisoners should be visits of NPM members in the considered as mandatory, reporting year showed that and the prison administration all of the above mentioned should pay special attention rights of prisoners are mainly to it. respected. 2. Training of prisoners One of the issues that should, as far as possible, caused the concern of NPM be networking with the members when they visited operating education system the establishment LA- in the country, so that released 155/18 of the Department prisoners can continue to of the penitentiary system in study without difficulty. Almaty on January 18 was the Conclusion of NPM lack of contact of prisoners members: It is necessary to with lawyers who should abolish local areas in mixed be provided by the state as security facilities, as they necessary. Many prisoners do not comply with the said that lawyers simply did Correctional Code RoK. not come and, of course, 74 CONSOLIDATED REPORT the defense of the case is convoyed by transit” – end of reduced to a minimum. This the quotation. situation was happened to Meanwhile, the NPM the majority of detainees and members consider such they asked NPM members to actions to be unlawful and pay special attention to it. significantly violating the When NPM members legal rights of individuals visited the establishment who are subject to RU-170/1 of the Department extradition arrest as well as of the penitentiary system their relatives. According to MIA RoK in West Kazakhstan NPM members, the quoted oblast, on November 15, rule refers to the transit of 2018, two women arrested on prisoners across Kazakhstan, extradition were detained in and not the transit through the pre-trial detention center, extradition to another state. and the staff identified them Such an interpretation of the regulation seems to be as “transit convicts” and who correct. had no the right to meet with NPM members believe their relatives and could not that in this case, the rights receive any parcels, because of extradited prisoners are in the opinion of the staff, simply violated, and this issue such restrictions of rights requires a legislative solution are established by the norms or clarification of the General of Clause 7 Paragraph 65 of Prosecutor Office of RoK. At the Order of the Minister of the same time, the criteria for Internal Affairs of the Republic a “transit convict” should be of Kazakhstan dated July 26, clearly regulated, for example, 2017 No.505 “On approval from the moment of making of the Internal Regulations the decision on transferring of the pre-trial detention and taking into account the centers of the penitentiary exhaustion of the possibilities system”. It states that: “Parcels to appeal against the decision are not accepted and are made. The necessity and returned to the visitor in the importance of making such following cases: to persons a decision (or clarification CONSOLIDATED REPORT 75 of the General Prosecutor restrictions on family Office of RoK) is explained contacts can be established by the fact that persons only for a short time and only undergoing extradition arrest if it is required to enforce may be staying in pre-trial safety and order. detention centers for up to Those under investigation a year, and in some cases for who are detained in pre-trial longer. At the same time, as detention center are also a rule, extradition-arrested deprived of the right to have people are essentially the a long meeting with their same accused as everyone families. Some of them may else, but they do not have be in isolation for months. the opportunity to receive Conclusion of NPM parcels and cannot have members: it is necessary to meetings with relatives. And define legally and clearly the only in very rare cases, they concept and status of transit may already be convicted (in persons detained in pre- criminal investigation), but in trial detention centers of the this case they also have the Republic of Kazakhstan. It is right for receiving parcels important to bring legislation and for visits. and regulatory legal acts into As we noted above, convicts conformity and eliminate who arrived to serve their contradictions that violate sentences in mixed security the rights of convicts to institutions under Article 88 socialization. Clause 4 of the Correctional Code RoK in local areas of Right for freedom of pre-trial detention center are conscience not entitled to either a short- In fact, in all the mixed term, or even a long-term security institutions, NPM meeting, which violates the members noted that convicts Nelson Mandela Rule 43 Part have the opportunity to 3, where it is indicated that: perform religious rites, but disciplinary or restrictive with minor corrections. The measures should not include limitation is the regime of the a ban on family contact. institution, which prohibits 76 CONSOLIDATED REPORT reading namaz at night. necessary to bring laws and In the establishment GM- regulations in compliance 172/10 of the Department with the fundamental laws of of the penitentiary system the Republic of Kazakhstan. in Mangystau oblast, NPM members indicated that “the Right to file complaints, right to practice one’s religion suggestions, requests is respected, but without Visits of NPM members performing rites”. to the pre-trial detention When monitoring the RSE center in 2018 showed “Correctional institution RU- that the formal procedure 170/1” of the Department of for submitting complaints, the penitentiary system of the proposals, petitions, almost Ministry of Internal Affairs of in all visited institutions is the Republic of Kazakhstan observed. However, the level in West Kazakhstan Oblast, of trust in this channel for NPM members indicated that the protection of prisoners’ “persons accompanying NPM rights is not very high. members in West Kazakhstan Thus, when visiting the Oblast explained that only establishment EC-166/1 such rites that do not violate of the Department of the the regime of detention in the penitentiary system in Astana temporary detention center on February 10, 2018, despite are allowed to be exercised”. the fact that mailboxes for Reading prayers is allowed complaints were installed in in the cell, but only if it does the corridors of the security not contradict the Rules (after section of the institution, lock down, in public places, the following recipients are during an inspection, etc.). indicated: NPM, Committee Conclusion of NPM of the penitentiary system, members: The constitutional Prosecutor’s Office, Ministry right of a citizen to freedom of Internal Affairs, PMC, etc., of conscience is limited with the complaint mechanism, such regulatory and legal acts according to NPM members, as the “Internal Regulations does not work, the rights of of the Institution”. It is suspects and accused are CONSOLIDATED REPORT 77 violated everywhere. Many for the submission of detained persons do not proposals, petitions and believe in the effectiveness complaints of suspected and of NPM and prosecutors accused persons”) of the and, accordingly, do not Internal Regulations of the write complaints. According pre-trial detention centers to the persons detained, of the penitentiary system. any complaint is checked Article 85 states: “Proposals, by the administration and, petitions and complaints if necessary, for unknown addressed to the prosecutor reasons, it may not reach the or to the court are accepted addressee. According to the in a sealed envelope and are verbal report received from not subject to censorship. S. (cell No.615), complaints As they are submitted, they do not reach the addressee, are immediately sent to the there is no reaction from the addressee”. administration. According to Detained persons reported the verbal report received that a complaint against the from A. (cell No.119), A. administration may adversely (cell No.405), complaints affect the conditions of about the administration, detention, and, accordingly, the prosecutor’s office or many of them are afraid to the court may simply not be submit complaints. sent after the administration According to the suspects, has read them. Envelopes for their complaints are simply petitions or complaints to the ignored by the administration. prosecutor or the court are Thus, the detainee M., born on not provided. Each complaint January 10, 1991, previously is read by the administration convicted, repeatedly wrote and, after studying it, it complaints addressed to decides whether to send the the head of the institution envelope or not. There is no regarding the conditions of log of outgoing petitions detention in the quarantine or complaints. These facts department (the petition are a significant violation of stated that the bed clothes Chapter 9 (“The procedure had never been changed 78 CONSOLIDATED REPORT during the entire time he was LC-169/1 of the Department placed there from January of the penitentiary system in 27 till February 09, 2018, he Kyzylorda oblast, 5 persons was allowed to smoke 1 time were interviewed. The a day, cannot get a medical complaints of these persons examination on this health concerned the procedural state), but no reaction from rules, namely the accused the administration followed. E., on newly discovered The above mentioned circumstances in a criminal situations with complaints in case, was brought from pre-trial detention centers Atyrau for a confrontation on are confirmed by the February 16, 2018. She does results of other visits. The not agree with the decision NPM members report on made on April 17, 2018 and visiting the establishment wrote a petition to the city 158/1 of the Department prosecutor’s office, but she of the penitentiary system was not given the number of in Zhambyl oblast on the outgoing document, on September 25-26, 2018 April 19, 2014, she again filed claims that according to a complaint. O., who is wanted the opinion of some of the for a crime, under Article interviewed convicts, their 188, Part 2 of the Criminal complaints do not reach the Code of the Republic of addressees, since they do not Uzbekistan, was detained on receive answers. January 17, 2018 and placed Apparently, due to the in the temporary detention inefficiency of the existing center, and subsequently in complaint system, personal pre-trial detention center. meetings with investigative He complains that the court detainees and convicts are hearing was held without his more effective. At these participation, he was given a meetings, being confident sanction for 40 days. When of their confidentiality, the the prosecutor visited him, he prisoners speak out on expressed his complaints, in painful issues. So, when particular, that he was unable visiting the establishment to contact his relatives in CONSOLIDATED REPORT 79 Uzbekistan either by writing Special visits or by telephone. He wrote In 2018, 9 special visits a petition to the prosecutor were made, in 2016 and 2017 on these issues, but did not there were 6 special visits. receive the number of the Special visits by NPM outgoing document, nor members are made on the was he given a lawyer. On basis of complaints and December 11, 2017, during other signals about torture an operational procedures and other cruel, inhuman, degrading the honor and N. was arrested by officers dignity methods of treating of the Organized Crime the persons detained in pre- Control Department for drug trial detention centers. As possession, physical violence the 2018 NPM reports show, was used to him during the unfortunately, such treatment arrest and he considers the takes place in the observed actions of the Organized institutions. Crime Control Department According to statistics, to be illegal, there is a most often torture is used in the first hours of detention forensic examination report and during the investigative on receiving bodily injuries. actions. But the words of I. asks for clarification of the prisoners are rarely heard. rights of the persons detained This is evidenced by the in pre-trial detention center. results of special visits in All the facts cited show 2018. that the state authorities, The Ombudsman of the called upon to solve the Republic of Kazakhstan in issues of prisoners, do not the framework of the current memorandum of cooperation always conscientiously fulfill with the Supreme Court of their duties, do not show the Republic of Kazakhstan deep understanding of the in order to summarize the situation of prisoners and judicial practice sent to the show complete indifference address of its Chairman to them. information on the protection 80 CONSOLIDATED REPORT of human rights and freedoms the petition for admission to in the judicial process. the case file of the findings Over the past 12 months, of independent expert the Commissioner for examinations, the testimony Human Rights received 329 of defense witnesses; appeals about the citizens procedural irregularities are disagreeing with court not taken into account during decisions, which is 26% of the the investigation; indirect total number of registered evidence of guilt is admitted. appeals. 226 complaints fall The above mentioned is on the criminal form of legal confirmed by the data of the proceedings, 91 – on civil, 12 Prosecutor General Office of – on administrative. Most of the Republic of Kazakhstan, the complaints came from according to which in 2018 the cities of Astana, Almaty, the number of judicial acts Karaganda and Kostanay amended and canceled in oblasts. Practice shows that the court of appeal increased the main reason for the by 1.5 times. Considering groundless involvement protests of the prosecution of citizens in the criminal authorities, the cassation prosecution is a violation court improved the situation of the regulations and of more than 200 convicts procedural rules at the stage (12 of them were declared of pre-trial proceedings. fully not guilty, 19 were It is obvious that these declared partially guilty, the violations were not given a rest received reduced term timely assessment by the of serving sentences and investigative judges, who relaxed security regimes of are vested with the power detention)3. of judicial control. In their Indicative in this respect appeals, the complainants are the results of a visit often note that the basis to the establishment ES- of the sentence is usually 164/1 of the Department taken as the indictment of of the penitentiary system the criminal investigating 3 http://www.nomad. authority; the court rejects su/?a=3-201812070027 CONSOLIDATED REPORT 81 in North Kazakhstan oblast and fearing that innocent on February 6, 2018 in brothers could condemn connection with letters of him in collusion with the complaint from prisoners. investigation. He was held The accused K. was in the department for more arrested more than 5 than 6 hours, and the lawyer months ago on suspicion of was deliberately brought committing a crime (pillage). late, when he was forced to Previously convicted, before confess. The convict also the arrest, he was registered claims that during the trial in the local police service the victim stated that he had by the local police restraint no complaints against him, inspector. During the arrest, but the court did not take this he was taken to the first into account. He requests to police department of the objectively solve this criminal Department of Internal case. No tortures were used. Affairs in Petropavlovsk, The accused G. was where law enforcement arrested by police officers on officers, a local policeman suspicion of committing a of the zone station No. 13 of crime. He was placed in the the Yubileinyi microdistrict temporary detention center named “Azamat” and the of the Department of Internal criminal investigator of the Affairs in Petropavlovsk. first police department of the While in detention, according Department of Internal Affairs to him, he was tortured, of Petropavlovsk named kicked by legs in perineum, “Daniyar” put psychological threatened with sexual pressure on him, namely: violence, in the form of he was threatened with sodomy, he was beaten “imprisoning” of him and his by officers named R. who brothers, and of fabrication is the head of the criminal of a criminal case as a group investigation department, case if he does not admit and R. who is officer of the his guilt. Mr. K. was forced temporary detention center to admit his guilt, being in a and the witness to this was strong psychological shock the deputy head of the 82 CONSOLIDATED REPORT temporary detention center to the RSE Establishment AC of the Department of Internal 159/5 in Karaganda oblast, Affairs of Petropavlovsk. He from this establishment on was forced to plead guilty December 25, 2017 he was for uncommitted crimes, with transferred to the ES 164/1. such a ground that “What He considers the threat to his is the difference? One theft life and to the lives of other more, one less, you still have people as reason to appeal to be imprisoned”. He was to human rights institutions forced to admit this guilt, and their representatives. fearing that there would be The convict was transferred an act of sodomy against him. from the Karaganda region However, according to the from the establishment AK crime episodes, he reconciled 159/5, where he was serving with the victims. After some a sentence. It all started time, he was again called to from the moment when he the Department of Internal and three other convicts Affairs of Petropavlovsk unwittingly witnessed the and reinstated in the murder of the convict M. So, temporary detention center on July 12, 2016, convicts without being explained from among activists of the the reasons. They didn’t voluntary organization of carry out any investigative convicts in the amount of actions, confrontations 15 people beat one convict, and interrogations, they as a result of which the just silently transferred the latter died. On this fact, the accused to the establishment representatives from the ES 164/1, and therefore, prosecutor’s office of the fearing that a lot of different Abai district of Karaganda episodes of theft were oblast arrived. B. and three “hanged” on him, he turned other convicts were hidden to NPM. away from their eyes and B. was convicted by an told to remain silent. As a inter-district court of Pavlodar threat, they put a packet on region in 2013 for 17 years in his head, wrapping it with prison. Then it was transferred scotch tape and strangling CONSOLIDATED REPORT 83 it, then “hanged” the whole Convicted S. was thing on another convict transferred after the trial and everyone calmed down. to the RSE Establishment However, soon they decided AK 159/5, and from this to transfer him to the institution in June 2017 was establishment ES 164/1 in transferred to the ES 164/1. Petropavlovsk. In his opinion, The reason for the appeal his rights are violated here. was the torture that took For several days he performed place within the walls of the namaz from December 25 establishment AK 159/1 in to December 29 and no Karaganda oblast. According one made a notice to him, to S., in order to subordinate then on December 30, as he the convict to their regime, believes, the administration they tortured him. The filed a violation, about which convict describes the torture he found out only on January as follows: three officers in 8, 2018. He regards such masks (he also had time to actions of the staff as an see service combat boots) “order” from Karaganda to stripped him naked, put a make him completely silent, cloth on his head, blindfolded since he is the main witness him, tied his hands behind of the murder of convicted his back with adhesive tape, M. in Karaganda oblast in AK then brought him to a dark 159/5. Also, in his opinion, room. They covered his they do not want to release mouth with a cloth and, with him from the institution under a strong unclenching of the regular conditions, inventing lower jaw, poured water in various penalties and his mouth until he began to forbidding him to perform choke. At the same time, they religious rites without harm were shining with flashlights to the daily routine. Convict is from lighters, and at the worried about the lives of the same time they beat him with remaining three witnesses electric current from electric who continue to serve their shocker on his hands, on his sentences in Karaganda legs, on his body and on his oblast. genitals. After these tortures, 84 CONSOLIDATED REPORT they took him outside, took no matter what it costs. He off the scotch and hung was also forbidden to read them by both hands so that namaz, without any grounds. his feet would barely touch He repeatedly tried to write the ground. And as he was a letter addressed to NPM, in limbo, he was put under but the deputy head of the pressure and demanded institutional operational that he follow all their office, Major of Justice O. instructions: they demanded called him and said that there that he must join the ranks was no sense from these of the activists and “work” letters, and if he wanted to for the institution, they also live in peace, then he had to said that he should wash and stop writing this letters, and clean floors and toilets of the then the head would tear the institution. According to the letters in front of him. All this convict, he had to endure happened about 3 times. all these tortures for 21 days Convicted A. was while he was in AK 159/1. arrested by the officers of Then he was transferred the Department of Internal to the prison in Karaganda Affairs of the Petropavlovsk oblast, from where a week Department of Internal Affairs later he was transferred to on suspicion of committing a the establishment ES 164/1 crime (storage, distribution in Petropavlovsk. However, in and sale of narcotic drugs). the establishment ES 164/1, Previously convicted, he too, it was not without torture, claimed that during the a month after receiving the arrest he was seized some stage, he was brought to the precious items (chain, security department, where watches, etc.) and these institutional operational items were not returned to officers forced him to take off the present, with the claim his underwear and beat him that he made it all up. During half-naked with batons in the arrest, he was taken to the institutional operational the temporary detention office, claiming and insisting center of the Department that he will obey the regime, of Internal Affairs of CONSOLIDATED REPORT 85 Petropavlovsk, where he was indicated in the complaint subjected to psychological were not confirmed. pressure by a police officer, The second special visit by senior investigator from NPM members in Astana to the Department of Internal the establishment EC-166/11 Affairs of Petropavlovsk, took place on December police captain A.: he was 16 following A.’s personal threatened with violence so complaint about the fact of that he admitted the crime. physical violence from the He strongly disagreed with staff of the institution and the accusation, and admits the humiliation of human that he used and stored drugs, dignity and cruel treatment, but did not distribute or sell expressed in dragging him them. However, DEA staff along the corridor and repeatedly psychologically walking him without coat at and morally put pressure on sub-zero temperature 200- 300 meters in the premises of him. As a result, detained at the medical ward. the establishment ES 164/1, In their conclusions, the in protest, he declared a NPM members admit the hunger strike from January 5, fact of causing bodily injuries 2017. On the day of a special to A. by the staff of pre-trial visit to NPM members, on detention center but, as they February 06, 2018 he was still say in the report, “there is no on a hunger strike. direct confirmation of this A special visit of NPM fact”, besides “there are no members to the SE EC-166/1 visible injuries on the body of on June 2-3 in 2018 was A.”. carried out on the complaint During a special visit to of attorney M. about the the establishment LA 155/18 alleged ill-treatment of X. of the Department of the and rude treatment from penitentiary system in Almaty, the head of the institution, it was established that on U. According to the NPM November 9, 2018 when D. members in Astana, as a result arrived from investigative of the inspection the facts actions, there was another 86 CONSOLIDATED REPORT person in his cell, previously to establish a picture of D. was kept in cell No.113 what happened (absence or alone. After that, the cellmate presence of corpus delicti). began to beat D. on the face, On the basis of the demanding to change the information published by a testimony that D. gave during user of the Internet resource the investigation. After that, www.facebook.com it was as D. explained, the cell was reported that inadequate opened and this man was medical care was rendered to taken away, and he was taken the investigative detainee T., to the hospital. The second detained in the establishment case occurred on the evening LA-155/18 of the Department of November 13, 2018, when of the penitentiary system in he was eating. As explained Almaty, which resulted in a by D., the cell was opened, loss of vision in his left eye. and someone broke into the The results of a special visit camera and beat him, while to this institution by NPM demanding to change his members and their conclusion testimony and “admit to it”. on this matter showed that During a personal the administration of the conversation, the NPM institution takes all measures members found out that D. to provide the necessary feared for his health and life. medical care to T. He is under NPM members received the constant supervision from D. a petition containing of the medical staff of the other information about institution. Daily medical the incident, which was rounds are carried out and, previously sent electronically if necessary, consultations to the address of the are provided, the fulfillment Commissioner for Human of the prescription by Rights. In the opinion of NPM doctors for T. is checked. It members, this petition should should be noted that visual be objectively reviewed impairment in the left eye by the authorized bodies, is affected by the presence and necessary investigative in T. of such concomitant measures should be taken diseases as “Hypertensive CONSOLIDATED REPORT 87 disease of Grade 3”, In a filed petition, G. “Aorta Atherosclerosis indicated the names of the of Cerebral Arteries”, DC-4 officers who used “Hypercholesterolemia”, torture and the names of “Impaired fat metabolism”. those under investigation The conditions of detention who were subjected to comply with the requirements torture. of international and national The WKO Assistant legislation regarding the Prosecutor U. claimed that detention of investigative his petition and the petition detainees. of his spouse G. were As per the appeal of registered at ERDR, and in the investigative detainee two days the officers of the G., a special visit to the investigation department establishment RU-170/1 would come to conduct of the Department of the a pre-trial investigation. penitentiary system of the However, no one came to Ministry of Internal Affairs of him until January 30, 2018, the Republic of Kazakhstan and no investigative actions in WKO was carried out were taken. G. believes that on January 30, 2018. From the red tape and failure to G.’s explanations, it follows take measures to consider that on January 4, 2018, he the petition submitted by wrote an appeal addressed him and his spouse allowed to the WKO Prosecutor in the staff of the institution to the presence of the WKO take action on unreasonably Assistant Prosecutor U. for prosecuting him. unlawful acts, torture, ill- So, on January 25, 2018, G. treatment from the Detention was in cell No.43, when two Center-4 officers against the suspects were “moved in”: K. investigative detainees at RSE and I. RU 170/1, and also about the On January 26, 2018, the threats against him and the officers of the DC-4 brought fact of medications missing under investigation K. who that were purchased by his after some time returned relatives. to the cell and reported 88 CONSOLIDATED REPORT that three employees of the to take action on his initial institution, using threats, appeal, three times he forced him to testify that, appealed verbally to the DC-4 allegedly, G. forced him to officer named Timur and “cut open” his stomach i.e. to asked him to assist in inviting commit an act of self-harm. the representative of the After that, G. demanded prosecutor’s office. However, that these DC-4 officers all his attempts to solve the enter cell No.43 and that K., issue by legal means were not in their presence and in the crowned with success, and presence of person under G. used extreme measures investigation I., confirmed because of his hopelessness. the words about threats from G. indicates that he was DC-4 officers, as well as the illegally placed in cell No.73 fact of being forced to accuse alone in connection with the G. Under such circumstances, announcement of a 15-day G. appealed to the staff of stay in disciplinary cell. DC-4 to invite the head of On the night from January the institution to inform him 29, 2018 to January 30, about the unlawful actions of 2018, G. was fastened with his subordinates. However, handcuffs “on a stretch” to he was deceived by the DC-4 the bed from 21.00 to 00.00 officers, and the head of the a.m. and for the second time institution did not accept him from 01.00 to 03.00 a.m. At for a personal reception. the same time, G. was lying Accused G., in order to down on his back with his attract attention to himself, hands apart. In this position, did not see another way to he was left alone, although restore law and punish those according to his illness, responsible than to cut his claustrophobia, he should stomach on the left side and not be left alone. At the same refuse to eat on January 28 at time, daylight is lit in the cell about 11 o’clock. around the clock, and two Earlier, G. filed a petition DC-4 employees are sitting at addressed to the WKO a very close distance to him prosecutor about the failure around the clock. CONSOLIDATED REPORT 89 The WKO NPM members At the end of the interview, interviewed B., a medical G. wrote a petition addressed officer, for a medical to the Commissioner for examination and permission Human Rights in the Republic to place A.G. Gaponov in of Kazakhstan. disciplinary cell. The medical The head of DC-4 was officer informed me that, warned by NPM members due to existing diseases, in WKO about the need to G. cannot be placed in the save video recordings for cell disciplinary cell, and also said No.73 for the period from that he had not conducted January 29, 2018 to January a medical examination. He 31, 2018. did not know that G. was in On the same day, as part of disciplinary cell. the collection of information, The institution does not there was an interview have a log on the use of with B., who confirmed in special means, however, a writing that on the night of copy of the Act “On the use December 30-31, 2017, the of physical force and special DC-4 officers handcuffed him means” dated January 29, and kept him in the “swallow” 2018 was provided to the position for two hours as he WKO NPM members by the asked the surgical treatment head of DC-4. However, it of his left hand, since he has was not clear whether the a broken radius. prosecutor was subsequently The WKO NPM members notified. Also, it is not made photographs of B.’s indicated for what period broken arm. During the the special means were interview, the accussed B. applied. At the same time, G. reported that he experienced is not aware of this Act. The severe physical pain during administration of DC-4 did the use of special means not submit any documents without any reason. At the regarding the issuance of the time of the visit, the arm was relevant decision of officials broken, but he did not receive on the use of special means. medical any assistance. 90 CONSOLIDATED REPORT At the end of the interview, before the arrival of NPM B. wrote a petition addressed all complaints were filed by to the Commissioner for relatives to the head of the Human Rights in the Republic establishment UK 161/1, of Kazakhstan regarding his but there was no action ill-treatment. from the administration. NPM members Further complaints were recommended conducting a sent to the Department of quick, independent, impartial, the penitentiary system in effective investigation of Kostanay, consequently a the petitions of G. and B. senior inspector, sanitary and ensure the protection doctor X. was appointed and of victims of torture in order sent there. In addition, when to prevent pressure from the the complaint from Mrs. S. DC-4 staff. was received, a commission A special visit to the RSE from the NPM members was Establishment UK 161/1 created. of the Department of the The conclusions of the NPM penitentiary system in members are as follows: The Kostanay oblast on February systematic failure to comply 9, 2018 was made on the with the recommendations basis of the petition from led to the fact that today in the relative of L. who was the institution, due to the kept in cell No.23 from the poor quality of the ventilation beginning of January 2018, system, thermal insulation before that petition, in the creates condensation in cell where he stayed there the cells. As a result of this, was a persistent smell of moisture is collected on the damp; there were leaks and walls, a fungus is formed, mold on the walls. It was which leads to discomfort and cold in the cell; he constantly deterioration of the health of felt chills. He feared for his those staying in the cells. Due health in connection with to such conditions, detained the diagnosis of inguinal in pre-trial detention center lymphadenitis on the right are forced to stay in warm side. (outdoor) clothes. There CONSOLIDATED REPORT 91 were no facts of imposing a unsuitable for use. They do penalty for being in outdoor not have artificial ventilation clothes. and there is no possibility to NPM members regard provide natural ventilation the fact of violation of the in connection with which, temperature regime as cruel in residential areas there treatment of prisoners who is high humidity, there is a are detained. In addition, persistent smell of feces. according to relatives and These old buildings need the prisoners themselves, decommissioning and medical assistance is not demolition. provided at the proper level in Sanitary equipment in cells the institution. On weekends is in need of maintenance there is no medical officer, and, in some cases, without whose consent an replacement. It is noted that ambulance cannot be called almost all cells lack hot water. and there is no access to Sanitary inspection rooms medications. are not everywhere working. The NPM group believes Furniture in many rooms that the lack of a temperature of the pre-trial detention log in the cells also indicates center is in an inappropriate, a lack of control over outdated condition, there are compliance with the norms not enough bedside tables for of the temperature regime in storing personal belongings the institution. There is also of prisoners. Due to the lack the fact of confirmation for of the necessary amount of the complaints from other furniture, in some institutions relatives of persons who are (UK 161/1 in Kostanay), the detained in the institution. detained persons eat food in turn. Housing, hygiene and In some cells, bunk metal sanitary conditions beds are installed, mostly Conclusions: NPM members old-fashioned, requiring noted in their reports that replacement. The beds many premises of the pre- themselves are located close trial detention centers were to each other, which can 92 CONSOLIDATED REPORT provoke unwanted contacts physical violence from of those serving sentences administration, either directly (UK 161/1 in Kostanay). In or with the help of other some cells, the rules of privacy prisoners, with persons who are not respected (AP-162/1 reasonably and consistently in Pavlodar). defend their rights and Prisoners’ prolonged stay legitimate interests and in the above conditions can who wish to achieve justice be described as torture, in higher and supervisory humiliation of human dignity bodies. Dependent doctors and cruel treatment of cannot give an objective prisoners. conclusion on the physical condition of persons Recommendations: subjected to violence from All Departments of the the administration. As a penitentiary system and the result, during special visits Committee of the penitentiary NPM members could only system MIA RoK should make state torture and physical efforts to eliminate all the abuse, according to the above mentioned issues. words of victims, due to the lack of a doctor’s opinion Medical services at the time of the incident. Conclusions: In recent Subsequently, when the facts years, NPM members have of ill-treatment are registered noted serious issues in the by the relevant authorities to medical care of individuals investigate and punish the detained in pre-trial perpetrators, the case again detention centers. They are rests on the absence of a connected to the insufficient doctor’s opinion on the fact staffing of the medical of violence. Thus, the guilty wards, inadequate medical persons escape responsibility care, and subordination of for torture and ill-treatment the medical wards to the of prisoners. pre-trial detention center The main issue is the administration. The latter transfer of the medical creates conditions for the service in pre-trial detention CONSOLIDATED REPORT 93 centers from the authority All of the above mentioned of the Ministry of Internal indicates violation of Article Affairs of the Republic of 32 (“Separate placement Kazakhstan to the Ministry in cells”) of the Law of the of Health of the Republic of Republic of Kazakhstan dated Kazakhstan. In the event of March 30, 1999 No. 353-I “On such a reorganization, it will the procedure and conditions be possible to solve both the of detention of persons issues of salary increase for in special institutions that medical staff and the issue of provide temporary isolation vacancies for health workers from society”. in pre-trial detention centers. When a convict is transferred on the basis of Recommendations: Paragraph 4 of Article 88 of It is necessary to transfer the Correctional Code RoK the medical service in pre- to the pre-trial detention trial detention center from center, he loses the right for the authority of the Ministry telephone conversations, of Internal Affairs of the the right for long visits that Republic of Kazakhstan to he had before the transfer the Ministry of Health of the based on Part 4 of Article Republic of Kazakhstan. 136 of the Correctional Code RoK. In this case, the transfer Exercise of statutory rights is carried out on the basis of Conclusions: Separate the decision of the authorized placement in cells is not body of the penitentiary observed. There were cases system in cases when there when the convict for the is a necessity to enforce law murder was placed together and order in the institution with the accused. Thus, (Clause 4 of Article 88 of in cell No.614 there are 2 the Correctional Code RoK). people, one of whom was Thus, as noted by NPM sentenced to 17 years, and members, the situation of his cellmate has not been persons transferred to pre- convicted before, he is under trial detention center from investigation (EC-166/1). institutions of medium 94 CONSOLIDATED REPORT security worsens. They do not Connections with the outer have the right for telephone world conversations, the right for Conclusions: According to long visits. Moreover, in Paragraph 3 of Article 13 of the their opinion, a legal conflict Constitution of the Republic arises here: the authorized of Kazakhstan everyone body, by its decision, cancels has the right to receive the decision of the court qualified legal assistance. In regarding the definition cases provided by law, legal assistance is provided free of the type of institution, of charge. One of the issues which worsens the rights that caused the concern of of convicts. The same NPM members when they conclusion of NPM members visited the establishment LA- should be considered. A 155/18 of the Department restriction of human rights of the penitentiary system in not on the basis of the law, Almaty on January 18 was the but on the basis of a decision lack of contact of prisoners of an administrative body can with lawyers who should be observed. be provided by the state as It is necessary to thoroughly necessary. Many prisoners study the issue under said that lawyers simply did not come and, of course, consideration and make the defense of the case is appropriate adjustments to reduced to a minimum. This the legislation. situation was happened to Recommendations: the majority of detainees and it is necessary to direct they asked NPM members to pay special attention to it. efforts to further improve the Paragraph 65 of the legislation on the execution Internal Regulations of the of sentences and the prisoner pre-trial detention centers welfare in the institutions of the penitentiary system of the Ministry of Internal approved by the Order of the Affairs of the Republic of Minister of Internal Affairs of Kazakhstan. the Republic of Kazakhstan CONSOLIDATED REPORT 95 dated July 26, 2017 states detention centers of the that: “Parcels are not accepted Republic of Kazakhstan. and returned to the visitor in the following cases: persons Right to file complaints, convoyed by transit” - end suggestions, petitions of quotation. In practice, this Conclusions: Visits by restriction is spread by DC NPM members to pre-trial officers in relation to persons detention center in 2018 who are in an institution on showed that the formal an extradition. procedure for submitting By the meaning of the complaints, proposals, quoted regulation, it refers petitions, almost in all visited to the transit of prisoners institutions is observed. across Kazakhstan, and not However, the level of trust to the transit on extradition in this channel for the to another state. protection of prisoners’ rights In this case, the rights is not very high. Despite the of persons arrested on fact that everywhere there extradition are simply are mailboxes for complaints, violated, and this issue the addressees are indicated, requires a legislative decision but as NPM members note, or clarification of the the complaint mechanism Prosecutor General of RoK. does not work, the rights of the suspects and the Recommendations: accused are being violated 1. The administration of everywhere. Many detained pre-trial detention center persons do not believe in needs to ensure the the effectiveness of NPM, constitutional right of prosecutors and, accordingly, prisoners to qualified do not write complaints. When visiting, NPM legal assistance. members should often have 1. It is necessary to define personal meetings with legally and clearly the prisoners and, if their rights concept and status of are violated, immediately transit persons held in collect their petitions. 96 CONSOLIDATED REPORT Recommendations: NPM members should strengthen control over the implementation of the right to submit complaints and petitions by prisoners. When visiting it is necessary to conduct personal meetings with inmates more often. The position of persons held in temporary detention facilities and other institutions of the Ministry of Internal Affairs of the Republic of Kazakhstan

Prepared by: Gusakov Yuri Anatolievich 4 Mukha Aleksandr Viktorovich 98 CONSOLIDATED REPORT The National Preventive the agencies carry out Mechanism for the departmental inspections. Prevention of Torture in the In 2018, as in previous years, Republic of Kazakhstan as a the members of the National matter of priority considers Preventive Mechanism for visiting special institutions the Prevention of Torture of the Ministry of Internal in our country carried out Affairs of the Republic of regular and intermediate Kazakhstan that are not part visits to had regular and of the Committee of the intermediate visits to penitentiary system. In total, temporary detention centers in 2018 NPM members visited TDC (TDCs), remand houses 118 temporary detention (RHs), special reception centers, 26 remand houses centers (SRCs), police stations and 24 special reception (PSs) (selectively). centers, and 1 special visit The recommendations was made in Shymkent. received as a result of the visits Training and certification of mainly assess the situation in staff for employment in these the institutions as satisfactory. institutions, presumably is at There is a slight decrease the proper level. There are in the responsibility of the some questions on training management of institutions managers. The aspects to be in implementation of the studied when NPM members recommendations sent by visit these institutions: the members of the National respect for human rights, Preventive Mechanism based the eradication of cruel on the results of visits to and degrading treatment, institutions. Failure to comply employees’ knowledge with the recommendations of the national legislation is usually due to a decrease norms, international law, or lack of funding for current the UN Convention against and capital repairs, lack of Torture. The activities of the funds for the development mentioned institutions are of design and estimate subject to daily supervision documentation (design by the Prosecutor’s Office, estimates) for reconstruction CONSOLIDATED REPORT 99 to bring institutions in line approach is absent at the with national standards, ministerial level. as well as the inability to Temporary detention carry out reconstruction centers of the MIA RoK system due to the design features (TDCs) are special institutions of buildings and structures, designed to detain persons built on the residual principle arrested on suspicion of using non-standard building committing criminal offenses. structures and materials. It The temporary detention is for these reasons that the facilities of the internal affairs problematic issues raised bodies are the places of by NPM members in 2015, detention for the following 2016, 2017 and 2018 remain persons: open to this day. These are • suspects detained in the issues, the solution of accordance with Article 132 which will contribute to the of the Criminal Procedure improvement of the situation Code of the Republic of on the maintenance of Kazakhstan; human dignity in temporary • suspects, accused with detention centers, remand cases under Articles 142, 150. houses and special reception In compliance with the centers of MIA RoK. Criminal Procedural Code of Positive trends in the the Republic of Kazakhstan, response of state bodies and a preventive measure that is administrations of institutions chosen is the arrest. to the recommendations Almost always in the on bringing the conditions reports of NPM members of detention in compliance the cases of placement in with national standards are the temporary detention minimized today. As per center of persons subjected the systematic approach in to administrative arrest are an objective assessment of described. In order to enforce buildings and structures, the the rulings of administrative design features of which do courts, the temporary not allow to fulfill the required detention center does standards in institutions, such indeed detain persons who 100 CONSOLIDATED REPORT are subject to administrative the range of the temporary arrest. As of 2018, in the detention centers NPM Republic of Kazakhstan there members recommended is no regulatory and legal eliminating significant faults framework governing the noted in the comments security, municipal, material on residential premises, and technical, medical recommending not only to and sanitary support of eliminate the existing issues, administratively-arrested but to construct new buildings persons. The trend is alarming, since the existing ones do as the number falling under not meet the requirements the administrative arrest, as a of national legislation and type of preventive measure, international standards. is growing. Among them: In total, NPM members • range of temporary made 118 visits to the detention centers of the temporary detention centers Police Department in (including regular and Zhambyl oblast; intermediate) during the • range of temporary period under review. detention centers of the NPM members continue Police Department in to complain about living Karaganda oblast; quarters, cases of inadequate • temporary detention medical care, especially on center of the Department of weekends, absence or lack Internal Affairs in Arkalyk, of complete first aid kits Kostanay oblast for urgent medical care, Not all temporary access to drinking water detention facilities are and its quality, unequipped subject to mandatory sanitary facilities, and lack reconstruction or closure. As of an effective complaint before, the insurmountable mechanism as well as the circumstances associated issues associated with the with the design features arrangement of courtyards. of some buildings do not According to the results of allow for reconstruction the visits made in 2018, for (semi-basement rooms, the CONSOLIDATED REPORT 101 absence of windows or their However, as in previous small size) and for elimination years, by conducting their of the noted issues reported visits to the temporary by the NPM members at each detention center, the NPM visit. Nevertheless, the issues members address systematic of these temporary detention unsolved issues related centers are well known, to detention facilities, but especially by the supervisory remaining outside the scope authorities. Preventive visits of attention of the supervisory to such institutions make authorities. As an example: in it impossible to predict the accordance with Paragraph possibility of bringing these 2 of Rule 73 of the Mandela temporary detention centers Rules for “Transportation to the minimum standards in of prisoners in conditions the next 2-3 years, or even in of insufficient ventilation the next decade. or lighting or in any other Up to 50% of the visited physically unnecessarily temporary detention centers harsh conditions shall be have repeated comments prohibited”. The conditions and recommendations on of transportation of people provision of natural (day) in a paddy wagon in a light in the TDC cells, which, metal closed unventilated at a minimum, should not compartments, with an area lead to damage to the health of ​​0.4 square meters per (vision) of the detained, and person constitute violations in some the cells it is enough of the constitutional right to remove the grids or to of prisoners to be free from bring them into compliance torture and other cruel or with the required standards. degrading treatment, as It should also be noted that well as to Article 7 of the in a number of institutions International Covenant on it was possible to take some Civil and Political Rights measures in the regard to the and the United Nations recommendations of the past Convention against Torture 2018. ratified by Kazakhstan. 102 CONSOLIDATED REPORT In this regard, the NPM Library literature should be team again recommends systematized and purchased that the Ministry of Internal not at the expense of Affairs brings the conditions employees and relatives of of transportation of all those arrested, but at the categories of persons expense of the state. in custody in line with In some institutions, as international standards. To before, humidity, deficiencies do this, it is necessary to in the isolation of sanitary develop regulations for the facilities, non-compliance transportation of prisoners, with sanitary and hygienic which should establish the standards for lighting, conditions for transporting ventilation, space standards people, including standards in residential premises (cells), for space, installation of and non-compliance with the seats, standards for temperature conditions are temperature, lighting, etc. noted. There is a need for As in the past reporting timely current and major year, an unresolved issue repairs. for all institutions of the The issues associated Ministry of Internal Affairs of with medical care deserve the Republic of Kazakhstan special attention. Most of is the right of persons in them are associated with custody to communicate business planning: the lack with the outer world (media, of a sufficient number of periodical literature, library medications for specialized facilities, telephone calls, kits: anti-shock, first aid. visits). The issue is systematic There are issues in the and it must be solved not at qualifications of health the local or regional level. workers, lack of internal At least several copies of control over the state and periodically published media maintenance of medical logs (newspapers, magazines) and other documentation, in the Kazakh and Russian the shelf life of medications, languages should​​ come to the the temperature in the rooms. institutions by subscription. There is a lack of necessary CONSOLIDATED REPORT 103 medical equipment and the There are certain issues simplest blood pressure in the temporary detention monitors, thermometers. facilities of these cities, too, In general, the but NPM members note the reaction of officials to desire of the administration the recommendations of these institutions to create of NPM members is the necessary conditions satisfactory without any of detention that meet the negative manifestations standards. and it deserves a positive Considering the creation of assessment. However, when conditions for the TDC staff: visiting the TDC, NPM the members of the National members continued to Preventive Mechanism encounter employees who point to the absence of did not know the regulatory leisure spaces for staff in material on NPM, and in some institutions, outdated equipment and the lack of some cases even who could the opportunity to receive not correctly produce the psycho-emotional relief. name of this institution. Open manifestations of I would also like to note humiliation of human dignity, positive feedback from NPM cruel treatment, punishment, members on the temporary torture in these institutions detention centers: during the visits were not So the members of revealed. At the same time, the National Preventive one should not forget about Mechanism note the good the negative manifestations condition of such institutions against the people arrested as: on investigation from police - in North Kazakhstan investigators, traffic police oblast, Bulaevo; officers, inspectors and - in South Kazakhstan interrogating officers who oblast, Kentau; are not TDC staff. - in Akmola oblast, Esil; Remand houses are - in Karaganda oblast, intended for the reception Karaganda. and detention of persons who 104 CONSOLIDATED REPORT do not have a specific place 2. The Order of RoK of residence and (or) identity Minister of Internal Affairs documents, in the absence dated May 23, 2011 No. 233 of signs of administrative “On the Approval of Rules, offenses and crimes in their Organization of Activity of actions and the inability to Internal Affairs Bodies”. establish their identity by 3. The Order of RoK other means. Minister of Internal Affairs Remand house staff in No. 11 dated January 9, 2011. relation to the persons “On the approval of Internal detained are obliged to take Regulations in Holding and measures to establish their Processing Centers of Internal identity, identification with Affairs Bodies”; the persons wanted and 4. The Order of RoK having committed crimes, Minister of Internal Affairs hiding from the bodies of dated May 23, 2011 No. inquest, investigation, and 231 “On the Approval of the the court, missing persons Identification Procedures and then transfer them to in Holding and Processing the relevant authorities and Centers of Internal Affairs institutions. Bodies “. The main regulatory legal 5. The Joint Order of acts governing the procedure the Minister of Justice of the and organization of the Republic of Kazakhstan dated activities of remand houses May 6, 2010 No. 157, Minister of internal affairs bodies, of Health of the Republic of as well as the maintenance Kazakhstan dated May 18, regime are: 2010 No. 350 and Minister of 1. The Law of the Internal Affairs of the Republic Republic of Kazakhstan “On of Kazakhstan dated June 14, the Procedure and Conditions 2010 No. 272 “On Approval of Detention of Persons in of the Regulations for Special Facilities Providing Providing Medical Assistance Temporary Isolation from to Citizens, subjected to Society”; restriction of liberty, as well CONSOLIDATED REPORT 105 as serving court sentences, this type, recommendations placed in special facilities”. received as a result of When citizens are 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 members Positive change tendency organized 26 visits in total in remand houses are noted by to remand houses. Based on the local police service of the the results of these visits it is Taraz and Ust-Kamenogorsk possible to conclude that the Departments of Internal Ministry of Internal Affairs is Affairs. In the opinion of taking measures to improve the NPM group members, the situation with human work of this institution in rights in temporary detention medical care, food system, facilities, new buildings leisure activities organization, are being constructed to sanitary conditions of all maintain detainees, detention premises, arrangement and conditions, sanitary and condition of bathrooms and hygienic conditions are being etc. are to be appreciated and improved, restoration, old disseminated as an example window blocks are being in other such institutions. replaced, etc. a number of Particular attention is paid recommendations are being to the documentation implemented to improve completeness and quality, detention conditions. The the established system of professional and NPM teams note that in psychological training of majority of institutions of 106 CONSOLIDATED REPORT employees meets the highest the Republic of Kazakhstan requirements and can serve (for instance, the order of the as an example not only in Minister of Internal Affairs of these regions but throughout the Republic of Kazakhstan the Republic of Kazakhstan. dated 23 May 2011 No. 233 For instance, for several “On the Approval of Rules, years now NPM team Activity Organization of members of West Kazakhstan remand houses of Internal oblast indicate that Uralsk Affairs Bodies” clearly states remand house using the that operation of RHs is building of the Department allowed only if there are of Internal Affairs, where cells rooms meeting sanitary space does not correspond to and hygienic standards and the established by law norms, fire safety requirements the concrete floor in the bath for safe containment of that does not match the persons without specific sanitary norms and rules, is place of residence and/or a potential spreading source identity documents. The of dangerous diseases and NPM participants noted not infections. There is no toilet only inattentive, but also in the courtyard. heartless attitude towards Having visited remand detained persons. Detention house in Almaty the NPM of persons in this institution group once again came to is degrading, inhumane, the common opinion that related 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. CONSOLIDATED REPORT 107 Also the degrading factor NPM group visits, to the of human dignity not isolated institutions’ administration toilets, lack of drinking water and leadership of the regional in cells, which is also noted in Departments of Internal the NPM groups reports. The Affairs. above mentioned conditions Nevertheless, a number of are contrary to international recommendations requiring and national legislative special attention should be treatment norms. highlighted: NPM group reports also At the legislative level: revealed that when recent The members of NPM EKR visits were organized, none consider that the institute of of the visited RHs could remand houses in Kazakhstan be marked as meeting currently plays more of requirements and standards, a penitentiary (prison) according to the current function, although, in our National and International opinion, such centers should legislation. incorporate in their activities the functions of detainees’ re-socialization. For this, Conclusions and the functional belonging recommendations. of 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 Also there are a number of part, the recommendations significant difficulties faced presented specific proposals by the former Soviet Union to administration of citizens after they leave RH. institutions and the Ministry So, after release citizens of Internal Affairs of the of these states receive a Republic of Kazakhstan and document mentioning were sent immediately after they were kept in custody, 108 CONSOLIDATED REPORT 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 - 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 - Close those institutions information goes directly to which do not meet basic the central point, and only hygiene standards and then, if requested, goes to 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, - Consider taking a full- appeals in two languages time physician, thereby – Kazakh and Russian. In creating conditions for cells place information on CONSOLIDATED REPORT 109 the procedure for filing Mechanism visited 24 complaints and addresses of special reception centers. human rights organizations, NPM members note that in attach examples of appeals almost all institutions there to national human rights are issues related to living institutions in accordance quarters, medical care, poorly with Paragraph 2 of Article equipped exercise yards, 20 of the Constitution of the access to drinking water Republic of Kazakhstan; and its quality, the provision - Seek the possibility of bed clothes and hygiene of increasing medical care products, living space funding; standards are not maintained. - When having tenders Financial investments for the supply (purchase) of and systemic changes are bed clothes, pay attention necessary, of course, for their to the quality of bedding, elimination, but at the same specifically mattresses. time NPM members in Taraz note that the experience of A special reception center this Taraz institution can be is an institution of internal recommended as an example affairs bodies, designed to of a positive experience. receive and detain persons under administrative arrest. Police stations The placement in special RCs NPM has the written of persons who are subject permission of the Ministry to administrative arrest is of Internal Affairs of the carried out on the basis of Republic of Kazakhstan for the court decision. In special unhindered visits to DIA RCs a regime is established police stations in different that provides round-the- regions. It is difficult to assess clock duty and excludes the the situation there from the possibility of unauthorized point of view of compliance leaving of the detainees with the standards for outside institution. preventing violations of the In 2018, the members constitutional principle of of the National Preventive integrity of human dignity. 110 CONSOLIDATED REPORT Nevertheless, even now, on assess the situation in these the basis of selective visits, institutions. one can speak about the The recommendations shortcomings in the logistics of the NPM participants are of police officers, police specific proposals to the departments in rural areas special RHs administration and in cities of regional and the leadership of the significance. Ministry of Internal Affairs to eliminate inconsistencies NPM members noted in living spaces, sanitary and the awareness of the police hygienic conditions, medical stations personnel about care, food, conditions for the NPM activities in the sport and communication Republic of Kazakhstan and with the outside world the provision of unimpeded (access to media, visits, telephone calls). The set of access to NPM participants such proposals should be for the performance of their taken for control by the staff duties. of the General Prosecutor’s Conclusions and Office of the Republic of recommendations: Kazakhstan for the adoption of the prosecution response The conclusions and measures provided by law. recommendations of NPM This report should members who visited the reflect some of the MIA institutions in the period recommendations directly under review are based on related to the integrity of the norms of the current 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 1. The Ministry of of Prisoners (hereinafter Internal Affairs of the referred to as SMRs or Republic of Kazakhstan Mandela Rules) were used to in 2019 should develop CONSOLIDATED REPORT 111 step-by-step measures (a 3. Within the framework program, a roadmap) for the of martial and service training shut down and re-profiling of with the personnel of the institutions, where bringing Ministry of Internal Affairs of them to the norms ensuring the Republic of Kazakhstan, the rights of persons in guarding the outer perimeter custody, is not feasible due and escorting, as well as to the design features of acting inspectors, employees the buildings used. Among of institutions executing the measures include a plan punishment and investigative for the phased shut down isolators, employees of SAD, of institutions, including MRS – regularly organize those that are impractical to sessions on legal regulatory use due to limited number acts on NPMs, international of detained persons, as and national standards for well as the construction detention conditions, as well of new buildings for state as criminal law and other institutions, which cannot be issues relevant to prevention used due to poor conditions; of torture and integrity of 2. The Ministry of Internal Affairs of the human dignity. Republic of Kazakhstan 4. The Prosecutor should take on special control General’s Office of the issues of medical services, Republic of Kazakhstan and sanitation and hygiene of its subdivisions – organize section institutions (TDF, working meetings with NPM RH, SRC), reflected in the participants, members of the recommendations of NPM NPM Coordination Council participants based on the at the national and regional results of visits held in 2017 level, inviting heads of state with mandatory informing institutions and departments the Commissioner for Human to discuss recommendations Rights in the Republic and possible solutions to of Kazakhstan on taken issues in the regular course measures. of work. The situation of persons held in institutions subordinated to the National Security Committee (NSC) of the Republic of Kazakhstan 5 Prepared by: Rakhimberdin Kuat Khazhumukanovich CONSOLIDATED REPORT 113 In accordance with the List cities of Almaty, Shymkent are of State Institutions of the located in basement or semi- National Security Committee basement premises. The of the Republic of Kazakhstan PTDC of Almaty is located in a (NSC RK), there are four building that was built in 1936. pre-trial detention centers The detention center of the (PTDC) in the country; they National Security Committee are located in the cities of of Astana is located in the Astana, Almaty, Karaganda adapted building of 1975, in and Shymkent. which a major overhaul was During the period from carried out in December 2016 January to December 2018, (plumbing was replaced, the National Preventive linoleum was installed, walls Mechanism (NPM) members were stopped). The PTDC made 3 visits to the pre- of the National Security trial detention centers of the Committee of Astana city is National Security Committee located in the accommodated of the Republic of Kazakhstan, building that was built in 1975, among which regular and where major reconstruction intermediate visits took place. (plumbing fixtures, the floors 1. 29.01.2018 – PTDC of were covered with linoleum, the NSC RoK in South the walls were painted) was Kazakhstan Oblast carried out in December (SKO), an intermediate 2016. preventive visit; The NPM members in the city of Almaty and Almaty 2. 23.06.2018 – PTDC of the NSC RoK in Astana, a Region say that in pre-trial regular preventive visits; detention center of the National Security Committee 3. 15.10.2018 – PTDC of Department of the Republic the NSC RoK in Almaty of Kazakhstan (PTDC NSCD and Almaty oblast, an RK) in Almaty there was a intermediate preventive need for sewage in each cell. visit. Earlier, there were no sewers The pre-trial detention in the cells and the prisoners centers of the NSC RK in the were taken to the toilet 2 114 CONSOLIDATED REPORT times a day. There were and 8 there are 4 individual buckets for stool in the cells. beds), in 2018 the cells were In 2018, the recommen­ redesigned into double dations of human rights rooms and now the area of​​ defenders were implemented the cells comply with national and at the time of the visit and international standards. “the cells were repaired and In the PTDC cells of Astana the Genoa bowls and wash Paragraph 5.4.2.9.2. of the basins were installed in each Sanitary Standards of the cell, fluorescent lamps were Republic of Kazakhstan 3.02- replaced with diode ones, 24-2014 is not observed, which are much lighter, according to which all of and forced ventilation was the equipment in the cells installed in the cells; at the (beds, tables, benches and time of the visit with no stools, etc.) must be securely connection urban centralized attached to the floor or heating it is warm and dry in walls by welding them to cells”. NPM members note pre-installed embedded that “there are no wicket fittings. The sharp corners of doors in the cells in front the cell equipment should of the Genoa bowls, which be rounded. For example, degrades human dignity stools have sharp angles and when relieving the natural are not fixed to the floor by need”. welding them to pre-installed In accordance with the embedded fittings. legislation of the Republic of Members of the NPM Kazakhstan, the suspects and group note that in the accused should be kept in the PTDC NSC RoK in Astana premises, based on the norm does not comply with Paras. of sanitary area per person 5.4.2.9.3-5.4.2.9.4 of SS RK not less than two and a half 3.02-24-2014, according square meters. The NPM to which there should be a members say that “in some cell equipped for temporary PTDC cells in Astana, where isolation of suspects, accused in 2017 these standards are or convicts who experienced not complied with (in cells 10 a nervous collapse (a cell for CONSOLIDATED REPORT 115 isolation of violent inmates), RoK in Astana and South in which a window opening is Kazakhstan. not provided. According to the NPM In general, the situation team members in SKO “a regarding the medical paramedic at the time of support of the inmates of the visit did not have a the PTDC NSC RoK is in line specialist certificate for with national legislation and exercising medical activities”, international standards for which is a serious violation the treatment of prisoners. In of the requirements of the each PTDC NSC RoK there is a legislation of the Republic of medical ward, where medical Kazakhstan. assistance is provided by None of the PTDC NSC a paramedic. For example, RK has created the proper members of the NPM team conditions for persons with in Almaty and Almaty oblast disabilities who are held in note that “the medical ward of detention there. To improve PTDC NSC RoK includes three the living conditions, social offices: reception, procedural and medical support for the and administrative. The equipment of a pre- remand detainees held in the medical office complies PTDC NSC RK, it is necessary: with the norms. If there 1) to equip the toilet areas is a necessity to consult with sinks and toilets with specialists, the hospital or handrails for wheelchair clinic of the National Security users, to ensure privacy Committee is contacted. conditions; 2) to equip the In emergency cases of shower rooms with separate medical care, a paramedic places with flexible hoses and using the institution car will stools for convicted persons immediately take the patient with disabilities; 3) to create to the hospital of the National and install gently sloping Security Committee”. The platforms for movement to same practice in the field the walking yard, i.e. create of organizing medical care a barrier-free environment is available in PTDC NSC for persons with disabilities 116 CONSOLIDATED REPORT from among the remand of Kazakhstan has done a detainees. lot of work to implement the An acute issue remains, recommendations of the RoK according to the NPM NPM members and to bring members in the PTDC NSC the conditions of the inmates RK in the city of Almaty, the in accordance with the organization of the walks international UN standards. of detainees, instead of the However, the following 1-hour walk of the remand recommendations set forth detainees, they take a walk in the Consolidated Reports only for 25-30 minutes. for 2016 and 2017 remained The administration of PTDC unfulfilled: explains this by the fact that 1) Transfer the PTDC cells the building of the institution from basements or semi- is old and there are not basements to standardized enough walking yards to buildings that would comply organize an hour’s walk for with the UN Standard the remand detainee (the Minimum Rules for the 2017 recommendation was Treatment of Prisoners not implemented). (“Nelson Mandela Rules”) and The NPM members in the national legislation of the Astana, Almaty and South Republic of Kazakhstan; Kazakhstan Oblast note that 2) Taking into the PTDCs NSC RoK have consideration the existence mailboxes for submitting of a problem with the complaints to the prosecutor’s conditions of detention of office, NPM and other human detainees and their sanitary- rights institutions, and, as a and-hygienic provision, to rule, these boxes are located find resources for major in the corridors of the PTDCs. reconstruction of the PTDC An analysis of the NPM NSC RoK, for bringing their members’ reports on the premises in proper sanitary situation in the PTDCs NSC condition, actually providing RoK shows that the leadership the necessary conditions of the National Security for keeping persons with Committee of the Republic disabilities; CONSOLIDATED REPORT 117 3) Provide a barrier-free special courses to study environment for persons with the recommendations of disabilities (equipment of the Nelson Mandela Rules, toilets with handrails, shower the UN Convention against rooms with flexible hoses and Torture and Other Cruel, stools, etc.); Inhuman or Degrading 4) Ensure observance of Treatment or Punishment, the remand detainees’ rights the national legislation on to a daily one-hour walk in NPM in connection with the the PTDC in Almaty; prevention of torture and 5) Create sports gyms or cruel degrading treatment equip walking yards with and punishment and other sports equipment; fundamental violations of 6) Include a psychologist human rights; in the PTDC staff to work with 8) Formulate the practice both the inmates and the of holding training seminars staff of the institution; in the training format, on 7) Introduce in the training effective interaction of the process for the training PTDC NSC RK staff and NPM and professional retraining members in the process of of the PTDC NSC RK staff, public control. The situation of persons detained in facilities subordinated to the Ministry of Defense of the Republic of Kazakhstan 6 Prepared by: Ibrayeva Anara Nurlybayevna CONSOLIDATED REPORT 119 Amendments to the Law military detention rooms on the military detention of the military police of the centers took place in 2017. It Ministry of Defense of the has been 1.5 years, but some Republic of Kazakhstan. NPM NPM reports still contain groups on average spend references to legislation that from two to three hours for is no longer in force. a visit. Only the NPM group in At the time of the visit to Aktobe noted, “in the Rules the military detention centers for Serving Administrative in Aktobe, Astana, military Arrest, the form, methods personnel were not detained, and time of restriction of in Shymkent there was 1 visits are not defined, as are administratively arrested the methods of telephone man (serving under contract). communication, the order For 6 months of 2018, 58 of their provision and persons were detained in restrictions”. In the absence the military detention center of such an assessment in of the capital, an average of the reports, it cannot be about 10 people per month excluded that this right is (the number of prisoners is either not exercised at all by unknown from the Aktobe the persons detained in the report). For 8 months of 2018 military detention centers, or 14 military staff were detained is significantly restricted, or in the military detention “anarchy rules”, since there is center in Shymkent. lack of the procedure for visits The recommendations of established by a legal act the NPM groups are partly (since there is no regulation: repeating in comparison what should be provided and with 2017. In order to avoid undertaken). duplication, we emphasize the Three NPM teams importance of ensuring such conducted visits in Aktobe conditions, and they should on February 2 (regular visit), be inversely proportional to in Astana on July 14 (regular the following remarks. visit) and in Shymkent As per the report of the on September 7, 2018 NPM team in Aktobe there is (intermediate visit) to the no: 120 CONSOLIDATED REPORT • access to self-opening • no radios in cells, no of windows in cells from access to television; inside; • no access to the • access to the certification mailbox for submitting log (due to the absence complaints to the military of a medical nurse as she prosecutor; was on sick leave); • no mailbox for • anti-shock medications. submitting complaints to NPM (Commissioner for In Astana, with the human rights). exception of re-design of the As follows from the cell for the medical office, report of the NPM team in nothing has changed in the Shymkent, the administration conditions of detention in of the military detention the military detention room. center made 2 of 3 Still there is: recommendations (“the • concrete floor in cells; partition on the shower stand • bathroom “with a drain is not installed”). Meanwhile on the cord drawn from it was noted that: the drain tank through • floors in 10 cells are the wall”; cement; • insufficient natural • there are no radios; lighting through small • a visit to the bathroom gridded windows “under (toilet) is made at the the ceiling”; request of the detainee, since it is not in the cells • information on the rights (except for the women’s of military personnel (as cells); well as the inscriptions on the premises, with • rubber rags in the shower the exception of the are absent; blackboard with the daily • “hygiene products for routine and two legal women are not provided acts) only in the state for by the Charter” and language; are absent; CONSOLIDATED REPORT 121 • there are no detergents, and to respect the rights not provided for by the of detainees and prisoners. Charter; Thus, if in the city of Aktobe • food is delivered in the military detention from a military unit to center it is forbidden to employees under the read namaz, in the capital Ministry of Defense, there are no such restrictions and separately to those (despite the fact that the under the National Guard previous consolidated report - to military personnel reflects an analysis of the assigned to this provisions of law in this part department. However, if with a definite conclusion). there are differences, the Unlike Aktobe, there is an report does not show equipped room for visits in them. the military detention rooms of the other two regions. If In its response to the the list of rights in Aktobe National Center for Human and Astana is placed in cells, Rights, the Ministry of then in Shymkent it is “on the Defense indicated that the board on the wall”. recommendations of the For NPM teams in general, NPM teams were accepted it is important to monitor in 2017 “for implementation, the implementation of medical offices were recommendations made on equipped, exercise yards the results of a previous visit 4 were provided with sports to the military detention equipment, artificial lighting centers (not on every was provided in the military recommendation in 2017 detention rooms of 5 there is information on its regions”. implementation in reports), Meanwhile, the Ministry as institutions, in turn, have a continues to ignore the need very superficial approach to to create a uniform approach to the conditions of detention their implementation (since there are recommendations 4 Akmolinsk, Almaty, Aktyubinsk, repeating from year to year, Taldykorgan, Shymkent, Karaganda military posts. such as in Astana). The situation of persons detained in the institutions subordinated to the Ministry of Health of the Republic of Kazakhstan

Prepared by: Molchanov Sergey Nikolaevich 7 Idigeyeva Gulnur Ergaziyevna CONSOLIDATED REPORT 123 General provision associated with the reduction One of the main human in funding. And in 2016 rights is the right of citizens there were 167 visits, i.e. for to the protection of health 2 years the number of visits and medical care. The decreased by more than 2 Constitution of the Republic times. of Kazakhstan stipulates 79 reports with these rights and guarantees recommendations developed the protection of health by NPM members from 15 and the provision of free regions of the Republic of medical care, and the Code Kazakhstan were studied, of the Republic of Kazakhstan summarized and analyzed. “On People’s Health and The conducted analysis of Healthcare System” specifies the reports uncovers and this right more fully. shows a real picture of the Fulfillment of the situation with human rights constitutional rights of the in institutions under the citizens of Kazakhstan to mandate of NPM, reporting the protection of health, to the Ministry of health. quality medical care and state benefits is one of the Assessment of the main streams of the state situation healthcare policy. NPM members in the In 2018, the NPM course of preventive visits members organized 79 visits to healthcare institutions to healthcare organizations in 2018 did not discover in the regions of Kazakhstan, any specific (proven) cases including: and facts of torture in these TB dispensaries, hospitals institutions. At the same time and TB offices – 22; a number of issues related to psychiatric hospitals – 37; the violation of human rights narcological hospitals – 20. were identified. Compared to 2017, when NPM members noted that 107 institutions were visited, one half of the institutions the number of institutions reporting to the Ministry visited decreased which is of health, visited by the 124 CONSOLIDATED REPORT NPM members, were sanitary condition and other located in buildings and limitations of the normal premises in need of major sanitary and hygienic reconstruction or of a transfer conditions are one of the to generic purpose-built forms of cruel and degrading medical buildings. Minor treatment. refurbishment is needed in Despite numerous 80% of the visited institutions. petitions to the MoH RoK, A large portion of the visited the issue of extra pay for 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 epidemiological norms for patients, 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 It is also important to note requirements for healthcare such a tendency as a violation institutions” dated May 31, of the product procurement 2017 No.357. At the same time to the established norms it is important to understand of nutrition, approved by that the insufficient number the Order of the Minister of of sanitary facilities and Health and Social Services of sinks, lack of personal the Republic of Kazakhstan hygiene resources, presence dated April 1, 2015 No.197. of outside toilets in anti- There is a substitution of CONSOLIDATED REPORT 125 natural products, for example, to conclude that there are instead of sour cream “sour systemic problems in the cream containing product”, treatment approaches to instead of juices there is people with dependencies. a soft drink with an apple There is no individualized flavor, instead of milk “milk approach to the treatment containing product”, instead of patients, and the of cheese - “melted cheese psychological treatment sausage”, etc. approach is a formality. There are some positive Priority attention is given changes in the equipment of to drug-based treatment. It healthcare institutions with is necessary to expand the infrastructure for people application of ergotherapy, with special needs: separate psychotherapy, social rooms were equipped and work with the patients, in routes were established other words, rehabilitation for wheelchair users. At activities, as it was noted the same time healthcare in the recommendations institutions in the majority of 2017, but the situation of cases have not responded still did not change for the to the recommendations better. In 2018 the process of NPM members on the of combining psychotherapy establishment of a relevant and drug treatment has entity for people with special begun, centers for the needs. rehabilitation of people with mental health issues are Narcological organizations starting to be established, for mandatory treatment which ultimately should lead Overall the situation with to a new level in working with medical services in this type patients. of institutions is considered Based on the comments, satisfactory. the following narcological Monitoring of narcological institutions may be noted: institutions, conversations City Narcological Center with the personnel and the of Social and Medical patients make is possible Correction, Almaty. As before, 126 CONSOLIDATED REPORT NPM members note that in according to the schedule in CNCMSC the recommended a special cabin equipped with area norm per bed is not an exhaust system. Women always observed. As in the were not happy with smoking previous visit, the concern on schedule. The head of of NPM members was the department carries out caused by the psychological punishments in the form of a state of the patients in the ban on smoking for a period mandatory treatment unit. of several days to three weeks At the time of arrival, all (according to patients). One the women sat on chairs of the women was beaten along the walls in the hall. (!) by the deputy head for Due to the daily monotony, smoking in the toilet. in the absence of the NPM members visited the opportunity to be engaged disciplinary cell. The room, in occupational therapy, fenced in with a metal grill, except for rare beadwork, contains one bed made of which not enjoyable by metal, the second was in the everyone, or sports, women corridor. At the time of the in conversation again visit, there were no persons confirmed that during the day, detained in disciplinary cell. except for time for daytime When studying materials sleep, they cannot use the on the placement, there beds, but have to be in the were cases of placement in hall (corridor). In fact, there is disciplinary cell (according to nothing to do. Smoking in the materials) of 4 people at the women’s section is allowed same time.

Picture of the disciplinary cell in City Narcological Center of Social and Medical Correction, Almaty CONSOLIDATED REPORT 127 The disciplinary cell is etc. The absence of walking is located in the room next to one of the main violations of the security room. Conditions the rights of patients. Patients in disciplinary cell do not should be kept in fresh meet sanitary and hygienic open air every day and the standards: a room with a arguments for cold weather concrete floor with an area should not affect the right to of ​​about 3 square meters take daily walks. has no windows and no SPE REM “Oblast bathroom, it is locked with Narcological Dispensary” a gridded door. A window of the Almaty oblast. of 0.3 square meters in size Despite the fact that the visually is available behind department is designed for the disciplinary cell door in 90 beds, the wards were the same room with it. overcrowded, the beds of the In the women’s department, patients are placed almost the hours for showering are end-to-end with each other, strictly allowed on schedule: and the area standards per once a week at certain hours. patient in the wards are not The rest of the time, the observed. Wards do not have shower rooms are locked. doors, i.e. they are not isolated, As per intimate hygiene, according to the staff, it is women, according to their provided for by the situation, words, conduct as needed, for the safety of patients. in the toilet with the help of Bed clothes and bedding improvised containers filled are in very poor condition with water (usually plastic (the mattresses are worn bottles). Personal hygiene out, with bulging out, and products are not allocated to in some places and springs women and are purchased by come out, sheets and duvet them independently. covers have unrecognizable In winter, there are no color, dirty or faded). In outdoor walks: patients connection with which the indicate various reasons such administration is forced to lay as lack of warm clothing, sheets of plywood under the quarantine (on influenza), mattresses. Previous reports 128 CONSOLIDATED REPORT indicated that the building of hospitals is drained. From the narcological dispensary the general septic tank is is old and, according to overfilled, the used water sanitary standards, is not spreads throughout the designed for such a number territory in front of the Shielyi of people (90 people), and Department of the Center the administration of the for Temporary Adaptation institution is forced to place and Detoxification building, patients in the corridors, there evaporation pollutes the air, are no conditions for care of which is an open source of the patients, as well as their infection, creating a threat health state improvement. to the life and health of all For 90 people, men, there employees, patients, visitors is only one shower room and the entire population of with one shower and two the district. washbasins. SPE REM “Zhambyl “Shiely Department Oblast Narcological of the Center for Dispensary”. Temporary Adaptation According to the staff and Detoxification” of the of the center, people in Kyzylorda Oblast Health a state of intoxication Department. delivered to the Center for At the entrance to the temporary adaptation and building there is no ramp detoxification (sobering-up for people with disabilities station) are released as they of impaired mobility. Indoors become sober, however, for there is no natural ventilation, example, people detained for forced ventilation or air family scandals under Article conditioning. 73 “Illegal actions in the Water supply and heating sphere of family and domestic are centralized. There is no relations” of the RoK Code sewerage. There is a general “On Administrative Offenses”, septic tank, where waste are detained in the center for from the district hospital, one day, waiting for the court infectious diseases hospital, proceeding. During this time, laboratory and mental except for water, no food is CONSOLIDATED REPORT 129 provided for them, which can allocate funds for catering for be regarded as a violation of people who are forced to stay the principle of humanism, in the center for more than provided by in the Code of 8 hours. It is recommended the Republic of Kazakhstan to develop a special menu “On Administrative Offenses”. providing light food (kefir, In Article 13, “Principle of tomato juice, bread, broths, Humanism”, it is stated: and so on), which should “An administrative penalty contribute to improving applied to a person who health after alcohol or drug has committed an offense intoxication. cannot be aimed at causing Basically, all the violations physical suffering or degrade identified by NPM members human dignity”. In Article concerned patients’ nutrition, 14.5, “Personal Integrity” it is the right to daily walks, lack of stated: “None of the persons sanitary conditions (shower, involved in an administrative toilets, ventilation, area offense case may be subjected standards for 1 bed, flooring to torture, violence, cruel or in wards, lighting), and staff degrading treatment”. attitudes towards patients. Paragraph 7 of the same For 2018 there was a need article states: “The detention for two special visits and of a person in respect of whom these visits were carried out administrative arrest has to narcological organizations. been chosen as a measure of SPE REM “Almaty administrative punishment, Mental Health Center”, as well as a person subjected Narcological Department, to administrative detention Almaty, Makatayev St. 10, must be carried out under Radostovtsa 279. conditions that exclude a The fact of death of the threat to his life and health”. patient G. G. A., born in 1971, Based on all the above based on the appeal received mentioned, the RoK NPM from the representative of members recommend that the Association of Legal the Ministry of Health of Entities “KazSoyuzLZHV” the Republic of Kazakhstan Oksana Ibragimova, the 130 CONSOLIDATED REPORT case of the patient’s suicide building of special ward s is in the “Almaty Narcological more like the inner prison Center of Medical and of the penitentiary system. Social Correction”, as well as The temperature regime information appeared in the in the building where two media is the gross violation special wards are located is of patients’ rights in this not controlled, it is very cold institution. in the wards. According to No prerequisites for the patients in the premises suicide of G.G.A. in the form of special wards, they sleep of torture, humiliation and and stay in winter outerwear, insults were found. because the temperature The second special visit is very low. One of the was to SPE REM “Regional patients reported that he Narcological Dispensary” had high blood pressure of of the Health Department 190/90 mm Hg, but he was of the West Kazakhstan still held in a special ward. Oblast. The adjacent territory of the Based on the telephone local zone is littered with call received from the patient, household waste and feces M.A.Zh., born in 1975, who (confirmed by photographs), reported on the facts of him the door to the outdoor toilet being beaten by his guard as is frozen and does not close. well as two other patients. The outhouse toilet is in an When visiting, the facts unsanitary condition. The were confirmed, a petition windows are partially broken was sent to the General out, they are tightened with Prosecutor’s Office of the plastic wrap and lined with Republic of Kazakhstan from cardboard, there are bars on the National Center for the windows, and there is one Human Rights. window in each room of the Other violations in this special wards. Artificial and medical institution should natural lighting is insufficient be noted in addition for reading literature, there is to indirectly confirmed a twilight in the wards. beatings: on the outside, the CONSOLIDATED REPORT 131 Beds are made (welded) have unsanitary condition, of shaped pipes in the form represent a potential threat of couch and are covered of infection for patients. with ten-millimeter plywood. Sanitary units and sinks for Some of the mattresses washing in special wards are are rolled up and placed in absent, there are no personal special wards, some of them hygiene products, there is no are stored in the corridor on drinking water tanks, there is the rack. Mattresses are dirty, no air ventilation. with dark and yellow stains,

Toilet for patients in WKO Special ward for violators

Psychiatric hospitals As in the past year, improve the conditions and Municipal State-Owned eliminate inconveniences for Public Enterprise “East patients. Kazakhstan Psychiatric It was decided to build Hospital of Novo-Kanayk” a new hospital by decision makes the most depressing of Akimat EKO in 2014. In impression. Since this 2014, new buildings and hospital is located in an premises of the hospital were unsuitable room of a barrack designed to meet modern type, it is not possible to requirements. The design provide decent conditions for of the hospital is reviewed treatment there. At the same by the State Expertise. Start time, the hospital staff is of construction has been doing everything possible to postponed indefinitely, 132 CONSOLIDATED REPORT the issue has not yet been nurse who deals with social resolved. issues, is not possible, since At the time of the visit, the Public Service Center the plumbing system refuses to register patients was unfrozen; there was at their place of residence water supplied only in one (in the hospital), and due to women’s compartment. In the absence of any social other compartments, water connections with relatives, is drawn into containers the issue becomes insoluble, through the hoses from the as in order to obtain an water source. identity card, a citizen must The toilet is equipped as be registered at the place of a ventilated pit latrine (three residence. But if the patient cesspits in the floor for 30- is in the department for 17 45 people). In the part of years, where is his or her the compartments where place of residence? the toilet is located there is a There are patients in the persistent unpleasant odor. hospital who have reached In the compartments there retirement age and can apply is one sink for 30, or even for an old-age pension; 45 people, there is no soap. however, due to the lack Water, as mentioned above, of identity documents, due is absent in all compartments to the impossibility of their except one. Women in registration at the hospital, women’s compartments their right to receive an complained that they old-age pension cannot couldn’t always perform be implemented. A man sanitary procedures without has been in a hospital for having access to water. so many years, where he is Many patients are not provided with a minimum registered; they do not have of social guarantees, he is any identity documents. deprived of the possibility of Hence the question of the simple human joys. Patients legality of their stay in the complained that due to lack hospital. Registration of of benefits, they could not the patients, according to a afford to buy sweets for tea, CONSOLIDATED REPORT 133 fruit, they could not afford to The right to work buy something from clothes. according to the law is There are general issues very poorly implemented with providing patients with (according to the staff there is clothes and shoes in the no possibility). Psychological hospital. care for patients is not The conditions in this widespread. Such patients medical institution such as require individual and group collapsing buildings, toilets psychological counseling and in the form of cesspits inside training. According to the the compartment, absence head sister staffing foresees of water, lack of books, 2 psychologists. One is sports equipment, necessary supposed to work in the clothing and footwear, dispensary in the city, one in overcrowding with patients the hospital (the psychologist are cruel and degrading does not conduct classes treatment themselves. according to the head nurse). SPE REM “Mental Health Patients complained that Center” (hereinafter is they did not have access to referred to as MHC), Almaty, the phone, and their personal Kablukova neglected, 117а cell phones were seized at Patients are not provided the time of hospitalization. If with the necessary hygienic necessary, patients have the accessories, namely toilet opportunity to contact their paper, soap for personal relatives by phone, but in the use, toothpaste and brushes, presence of staff. The same women are not provided with situation has remained since sanitary pads, women are 2016. provided with strips made There are no complaint of sheets instead of sanitary channels available in practice, pads. patients do not have access In the wards, patients to paper and pen according are practically deprived to security measures, existing of the right to privacy, mailboxes for complaints given the overcrowding of are regularly checked by departments. the administration, but 134 CONSOLIDATED REPORT complaints written to higher colds and the lack of warm authorities are monitored clothing for patients. by the administration, which Not all patients are gives a reason to doubt that provided with toilet paper, it they are being sent. was not found in the toilet Patients are not sufficiently either. Instead of toilet paper, informed about their rights, the water from the bottle is in particular, about the right used, sometimes relatives to appeal their diagnoses bring toilet paper from home. in the court, the right for The waste tank does not freedom from torture, work, therefore, the water in personal freedom, integrity, the toilet flows constantly. respect for dignity, etc. Soap in the toilet room was “Republican Scientific not found, but later the and Practical Center for staff put a piece of laundry Mental Health”, Almaty. soap. There are no toilets and urinals for children in the NPM members the children’s department. during their visit, like in There is a washbasin is in the the past visit, did not see a bathroom, but there is no single patient on the walk. soap and towels. Patients still complained that In the children’s during the whole period of department, there are hospitalization they were not children of different ages, allowed to go outside. The and they cannot constantly exceptions were 3-5-minute be educated. They spend smoke breaks and cases almost all the time in a of occupational therapy playroom, where there is no (assistance in transporting entertainment, except TV. patients for examinations Children are not taken out and food delivery from the on the neglected, the reason kitchen to the office). There stated for that is that it is are no walks in the winter. cold. The administration explains The results of the visit the lack of walks in the winter showed that the RSPC time by the risk of getting patients are limited in CONSOLIDATED REPORT 135 contacts with the outer world the Rights of Persons with and do not have access to Disabilities. newspapers. 2. The Ministry of Health There are some patients of the Republic of Kazakhstan in the hospital who need to should comprehensively be transferred to psycho- change the attitude towards neurological boarding this institution. It is necessary schools. to develop and approve It must be remembered regulatory documents that the RSPC is a leading governing the activities of institution, called upon to this institution, in accordance show the best practices in the with international standards. treatment and rehabilitation It is important to improve of people with mental housing conditions and legal health issues. But the lack guarantees for patients. It is of systematic treatment and necessary to revise the cash follow-up rehabilitation of content and social guarantees patients leads to regular for employees. exacerbations of the 3. A mechanism has disease, followed by another hospitalization. not been developed for State Enterprise appealing court decisions “Republican Psychiatric when the person is placed Hospital of a Specialized for compulsory treatment/ Type with Intensive extension of compulsory Supervision”, Aktas village, treatment, especially for Almaty region. persons deprived of legal The NPM members came capacity. to the following conclusions 4. The decisions of the after visiting this institution: courts do not spell out the 1. National legislation conditions of treatment and on the protection of the discharge rules. rights of persons with mental 5. Courts do not make disabilities (mental) and a decision on transferring disabilities does not comply a patient to an outpatient with the Convention on observation mode. 136 CONSOLIDATED REPORT 6. The legislation does 11. The psychiatric not develop rules for visits of hospital is funded on a patients by their relatives. “residual basis,” which cannot 7. The period and but affect the conditions duration of stay of patients in of patients staying in it, the the observation ward are not respect for other rights and registered. The patient may freedoms. This violates the be placed in the observation principles of equality and ward repeatedly during his or accessibility, on which the her stay in the institution. public health policy should 8. Social protection be based. agencies do not develop 12. There are no complaint individual rehabilitation channels available in practice, programs for people with patients do not have access disabilities who are on file to paper and pen according with the psychiatrist. to security measures, the mailboxes for complaints 9. Courts refuse to are regularly checked by transfer to outpatient the administration, but treatment the persons complaints written to higher who were previously under authorities are monitored compulsory treatment in by the administration, which a specialized psychiatric gives reason to doubt that hospital with intensive they are being sent. supervision. 13. Patients are not 10. In modern psychiatry, sufficiently informed about treatment is not limited their rights, in particular, to medications, but is about the right to appeal embedded in the patient’s the diagnosis in the court, life and involves his or her the right for freedom from full resocialization. During torture, personal freedom, the visit it turned out that the integrity, respect for dignity, process of reintegration and etc. rehabilitation in treatment is 14. It is necessary to absent. Patients are kept in conduct major reconstruction hospital for years. of the buildings, to provide CONSOLIDATED REPORT 137 the necessary medical and 7 employees. The log for household equipment. It is disinfecting of dishes is also important to think about the not properly filled. opening of similar, modern At the information board institutions in other areas. It there is no information is also important to reduce with contacts for the limit of admission in submitting complaints. In these institutions. a formal response to the recommendations of NPM TB institutions members, the management The NPM members denies the existence of these visited 22 institutions for the violations, which indicates treatment and prevention a formal attitude towards of tuberculosis in 2018. As their work by the head of this in the past year, there were medical institution. violations in the areas of sanitation and hygiene, Department (No.11, 12) nutrition, decay of buildings Municipal State-Owned of medical institutions, etc. Public Enterprise “Regional TB Dispensary”, Temirtau. Municipal State-Owned Public Enterprise “Pavlodar the patients complained Regional TB Dispensary”. about sanitary and hygienic On the fifth floor of the conditions during the department (patients with a conversation, namely: persistent form of MDR with according to the patients, recurrent cases, preserved gowns and poor quality sensitivity BK+) an employee pajamas were distributed. (hospital attendant) in the After several washes, they workplace did not have a tear and the paint fades off. special robe (special PPE). In Also there were complaints the registration log of PPE from employees: according change for employees, at to their words, disposable the time of NPM visit out of masks with a high degree of 10 employees of the staff protection (respirators) are PPE were changed only by used for up to five days due 138 CONSOLIDATED REPORT to the insufficient number of herself regarding the use such masks. of compulsory medical measures against him or her SPE REM “Interdistrict is not heard and the right TB Dispensary” of the to access the protection Department of Health, is not granted. So this Almaty situation may suggest that At the time of the visit, the courts, by issuing orders there were 9 people in the for compulsory treatment, department for compulsory violate the procedural treatment. One of which rights of a citizen sent for is a woman (she lived in a compulsory treatment. private ward). NPM members Thus, the current Civil conducted personal Procedure Code of the conversations with patients Republic of Kazakhstan clearly and studied all the personal states in Paragraph 2 of Article files of patients. In each case 347 “Consideration of an there is a court order on the petition for the compulsory use of compulsory treatment treatment of a citizen in relation to the patient in suffering from tuberculosis the clinic. After examining the and evading treatment” decisions of the courts, NPM establishes the participation members noted that during of a citizen to be compulsory all of the court proceedings hospitalized, namely “The the person against whom case is considered with the the question of the use of presence of the person sent compulsory treatment arises for compulsory treatment is not present. Thus, in fact, in the courtroom, or at the the court proceeding takes location of the tuberculosis place in the presence of institution that provides the applicant (as a rule, this medical (dispensary) medical institution), the monitoring of this patient”. prosecutor (not in all cases). A conclusion can be drawn SPE REM “TB Dispensary” from this that the opinion under Akimat of North of the person himself or Kazakhstan Oblast. CONSOLIDATED REPORT 139 There are no rooms for according to the rules there smoking, according to the should be one shower for ten head physician, the hospital is people. a public place, and the second reason is the specificity of Conclusions and the medical institution that recommendations is patients should not stay The conclusions and together in close spaces. For recommendations of the the same reason, there is no NPM members who visited library, a gym. Patients are health care institutions in free to play sports on the the period under review are neglected, there is a volleyball based on the norms of the court for this. Many patients current legislation of the neglect the ban on smoking Republic of Kazakhstan and in public places and medical international standards. contraindications and they Most of the smoke in the toilets. recommendations of NPM The condition of the members are specific sanitary facilities in the proposals to the regional adult compartments is level administration, unsatisfactory: there is no administration of institutions floor covering in the toilets, and management of ceramic tiles are broken, walls departments on elimination and plastic partitions are of deficiencies in living covered with brown patina quarters, sanitary and (probably from tobacco hygienic conditions, medical smoke). Washbasins do not care, food conditions, work in some latrines. conditions for sports and The number of sanitary communications with the appliances does not always outer world (access to the comply with the sanitary rules media, visits, phone calls), “Sanitary-epidemiological etc. requirements for health It seems that a set facilities” dated May 31, 2017 of such proposals No.357, there is one shower (recommendations) in oblasts or bath for 40 patients, should be taken under the 140 CONSOLIDATED REPORT control of the Ministry of defects and disability Health, staff of the General does not comply with the Prosecutor’s Office of the Convention on the Rights Republic of Kazakhstan for of Persons with Disabilities, taking prosecutorial response as it establishes an obvious measures provided for by law. conflict of interest: a medical Most of the issues in the or social institution provides visited healthcare institutions social services. are related to the lack or Social protection underdevelopment of the authorities do not develop rehabilitation direction in the an individual rehabilitation treatment of patients. This is program for people with especially true in psychiatric disabilities that are on file hospitals where the system with a psychiatrist. of psychiatric care, despite significant improvements at the legal level, nevertheless, MINISTRY OF HEALTH adheres to the historical AND ITS LOCAL situation, in which it performs DEPARTMENTS: the functions of control, 1. It is necessary to continue deterrence, restriction and constant information isolation of patients. Lack work among staff of both of classes hobby clubs, central authorities and passive pastime leads to subordinate, territorial, local further degradation of the units and institutions on the personality, loss of social, importance and significance daily and life skills. To the of the national preventive present moment, very few mechanism for combating measures have been taken torture and degrading to create alternative types treatment. It is necessary to of mental health services, as take administrative measures well as to deinstitutionalize to the heads of medical the existing system. institutions who do not The national legislation on comply with the provisions of the protection of the rights of regulatory and legal acts of persons with mental (psychic) the Republic of Kazakhstan CONSOLIDATED REPORT 141 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 outer 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 with of services. The services the sanitary rules of “Sanitary that people with mental and Epidemiological disabilities and psychiatric Requirements for Health illnesses need include life Facilities” approved by order escort and protection of No. 127 of the acting Minister rights, ensuring safety and, 142 CONSOLIDATED REPORT if necessary, household 8. The Ministry of Health services, hygiene, technical shall submit proposals to the aids and means of care. Republican budget for the These services are important construction of new buildings and should be included in and premises for medical the rehabilitation and patient organizations located care at the inpatient stage; currently in unfit buildings 5. Medical institutions that do not meet the profile that have received the requirements. recommendations of the 9. The Ministry of Health NPM members after a shall consider the issue of preventive visit should take establishing a pay raise all possible measures within for the staff of psychiatric the available budget to organizations for psycho- eliminate all deficiencies in emotional stress. the conditions of keeping 10. Rules should be developed for meetings of and treatment of patients; patients with their relatives 6. Conditions for in institutions of compulsory wheelchair users should be treatment in a psychiatric provided in all hospitals; hospital of a specialized type 7. Administrations of with intensive supervision. medical institutions shall 11. Employment for provide patients of psychiatric persons placed in a institutions with the right psychiatric hospital should of patients to privacy. This be provided for the petition right is enshrined in the of compulsory medical Principles for the Protection measures of Paragraph 3 of of Mentally Ill Persons and Article 121 of the Code of the the Improvement of Mental Republic of Kazakhstan “On Health Care adopted by people’s health and health the UN General Assembly care system”. in resolution 46/119 dated 12. The Supreme Court of 17.12.1991: “Any patient in a the Republic of Kazakhstan psychiatric institution has the shall analyze court cases right to privacy”; concerning the sending CONSOLIDATED REPORT 143 the persons suffering from September 2017 encouraged tuberculosis for compulsory the State to bring national treatment. It is important to legislation in the field of develop a common practice of making decisions with an legal capacity in line with indication of the duration international human rights of compulsory treatment. standards. She highlighted The existing risk of infection the fact that the provisions of of others when in contact the law governing the coercive with the accused with open placement in a psychiatric tuberculosis, as well as the development of awareness, institution, as well as forcing makes it possible to consider people with disabilities to the possibility of holding on- undergo medical treatment line court sessions when a without their consent, are person suffering from open contrary to the provisions of tuberculosis participates in a trial remotely. the Convention on the Rights 13. A mechanism for of People with Disabilities.(Link ) appealing court decisions Bind the courts to specify should be developed for the terms of treatment and situation when the persons the rules for discharge of are placed for compulsory treatment/extension of patients. Oblige the courts compulsory treatment, to allow the continuation of especially for persons the treatment of the patient deprived of legal capacity. in outpatient monitoring The UN Special Rapporteur without the need to undergo on the Rights of Persons with Disabilities, Katalina treatment in the hospital, Devandas, on the basis of taking into account the her visit to Kazakhstan in patient’s condition.

http://kz.one.un.org/content/unct/kazakhstan/ru/home/ presscenter/_--_-_-_-_-_-_-_------.html The situation with minors in institutions subordinated to the Ministry of Education and Science of the Republic of Kazakhstan

Prepared by: Akylbekova Roza Maksatbekovna 8 Baisakova Zulfi a Mukhamedbekovna CONSOLIDATED REPORT 145 This section seeks to have carried out a preventive determine the situation of visit. NPM members use children in closed institutions various methods of collecting under the mandate of information about the the National Preventive conditions of stay and the Mechanism, in order to attitude of the staff towards determine the necessary minors in the institution, measures to improve the primarily paying attention situation in the area of the​​ to the respect for human implementation of the rights dignity. Conversations are of children and protection conducted with persons of their interests in closed contained in institutions institutions. NPM members and organizations subject on Prevention of Torture to preventive visits, and (or) during the monitoring of the their legal representatives data from the institutions without witnesses, as of the Ministry of Education well as with the staff; and Science of Kazakhstan observance of the behavior studied the situation with of minors is done; case study respect to the rights of documentation (case study) children in these institutions is reviewed, messages and from the point of view of complaints about the use maintaining human dignity, of degrading treatment and the constitutional principle punishment are received; of its integrity, consequences responses of the Ministry of or conditions of cruel Education and Science of the or degrading treatment, Republic of Kazakhstan on punishment or torture. the implementation of the This section was prepared developed recommendations on the basis of written of NPM members on reports on the visit in the the creation of favorable form approved by the NPM conditions for the stay of Coordination Council under minors in closed institutions the Commissioner for human and the friendly attitude rights. The report is signed by towards them are being all members of the team who studied. 146 CONSOLIDATED REPORT The Decree of the deprived or may be deprived Government of the Republic by order of the state body or of Kazakhstan No. 266 dated upon its instruction or with its March 26, 2014 defines the knowledge or acquiescence rules for preventive visits (hereinafter referred to as by groups formed from places of detention)”. At the members of the national same time, “custody” means preventive mechanism, as any form of detention or well as the types of preventive imprisonment or placement visits (regular, intermediate, of a person in a public or special). private place of detention, NPM members attending which this person does not childcare institutions show have the right to leave on his respect for minors who or her own will, by order of are in institutions and any judicial, administrative or organizations, as well as the other authority”. Therefore, staff of these institutions and this section will present the organizations. NPM members situation in the institutions maintain confidentiality and of the Ministry of Education do not disclose personal and Science of the Republic data of persons whom they of Kazakhstan, namely the got acquainted to during Center for Adaptation of preventive visits. When Minors (hereinafter referred visiting, NPM members are to as CAM), Specialized guided by the legislation of Educational Organizations the Republic of Kazakhstan for Children with Deviant governing the NPM Behavior and the Educational mechanism and act in the Institution with Special best interests of the child. Treatment Regime. Based on the content of When visiting closed the Optional Protocol (Article childcare facilities NPM 4), the NPM regular visiting members act in accordance system should cover all spots with the legislation of the under the jurisdiction and Republic of Kazakhstan in control of the state, “where the field of the protection persons in custody are of children’s rights: the CONSOLIDATED REPORT 147 provisions of the Constitution child labor; UN Convention of the Republic of Kazakhstan, on the Rights of Persons with the Law of the Republic of Disabilities; “On Combating Kazakhstan “On the rights Discrimination in Education” of the child in the Republic and others. of Kazakhstan”, as well as the Code “On marriage Decrees and Resolutions in (matrimony) and the family”, the field of protection of RoK Laws “On social and children’s rights: medical-pedagogical 1. Resolution of the correctional support for Government of the Republic of children with disabilities”, Kazakhstan dated 18.09.2013 “On the prevention of No.983 “On Approval of the juvenile delinquency and the Register of Public Services” prevention of child neglect and homelessness”, “On 2. Resolution of the education” and other legal Government of the Republic documents. of Kazakhstan dated The republic is working March 3, 2017 No.102 “On to implement the provisions Amendments to Resolution of of international legal the Government of the Republic instruments in the legal of Kazakhstan No.754 dated sphere and put them July 20, 2005 “On Approval of into practice. About 60 the List of Technical Auxiliary international instruments (Compensatory) Means and relating to human rights Special Means of Travel have been ratified, 15 of Provided to the Disabled”. which concern the protection 3. Resolution of the of children’s rights: the UN Government of the Republic of Convention on the Rights of Kazakhstan dated April 6, 2017 the Child; The UN Convention No.176 “On Amendments and on the Elimination of All Forms Additions to Resolution of the of Racial Discrimination; Government of the Republic of The ILO on the prohibition Kazakhstan dated October 23, and immediate action to 2014 No.1131 “On Approval of eradicate the worst forms of the Rules for Providing Socio- 148 CONSOLIDATED REPORT Legal Assistance to Persons May 29, 2017 No.251 “On who are Registered with the Amendments and Additions Probation Service”. to the Order of the Minister of Education and Science of NLAs in the field of the Republic of Kazakhstan protection of children’s dated June 30, 2016 No.412 rights: “On Approval of the Rules for 1. The Order of the Ministry of the Acquisition of Goods and Education and Science of the Services of Organizations that Republic of Kazakhstan dated Perform Functions to Protect February 24, 2017 No.84 “On the Rights of the Child”. Amendments to the Order 4. The Order of the Ministry of of the Minister of Education Education and Science of the and Science of the Republic Republic of Kazakhstan dated of Kazakhstan dated April 13, 2015 No.198 “On Approval of July 15, 2017 No.285 “On Standards of Public Services Amendments and Additions Provided in the Sphere of to the Order of the Minister of Family and Children”. Education and Science of the Republic of Kazakhstan dated 2. The Order of the Ministry April 13, 2015 No.198 “On of Education and Science of Approval of the Standards the Republic of Kazakhstan of Public Services Provided dated February 6, 2017 in the Sphere of Family and No.48 “On Amendments to the Order of the Minister of Children”. Education and Science of the 5. The Order of the Ministry Republic of Kazakhstan dated of Education and Science of September 10, 2015 No.557 the Republic of Kazakhstan “On Approval of the Minimum dated February 6, 2017 No.51 Social Standard of “Ensuring “On Amendments to the Order the Protection of the Rights of the Minister of Education and Interests of Children”. and Science of the Republic of 3. The Order of the Ministry of Kazakhstan dated August 13, Education and Science of the 2015 No.528 “On Approval of Republic of Kazakhstan dated Regulations of Public Services CONSOLIDATED REPORT 149 in the Sphere of Education dated January 11, 2018 No.8 and Science”. to the Order of the Minister of 6. The Order of the Ministry Education and Science of the Republic of Kazakhstan dated of Education and Science of 5 the Republic of Kazakhstan June 18, 2013 No.229 dated February 13, 2017 10. On approval of Sanitary No.60 “On Amendments to Regulations of “Sanitary and the Order of the Minister of Epidemiological Requirements Education and Science of for Educational Facilities”. the Republic of Kazakhstan The Order of the Ministry dated September 17, 2013 of Health of the Republic of No.375 “On Approval of the Kazakhstan No. 61. Registered Standard Operating Rules by in the Ministry of Justice of Types of General Education the Republic of Kazakhstan Organizations (Primary, dated September 13, 2017 Basic Secondary and General No. 15681. Secondary Education)”. 7. The Order of the Minister The National Preventive of Health and Social Mechanism members visit Development of the Republic the centers for adaptation of of Kazakhstan dated April 27, minors, special educational 2015 No.272 “On Approval organizations and of Standards of Public Health educational institutions with Services”. special treatment regime in accordance with the Law of 8. The Order of the Minister the Republic of Kazakhstan of Civil Service Affairs of the “On the prevention of Republic of Kazakhstan dated juvenile delinquency and February 16, 2016 No.35 “On the prevention of child Approval of the Rules of State neglect and homelessness”. Control over the Quality of For the entire reporting Provision of Public Services”. period, all NPM members

9. Appendix 6. Model rules 5 https://online.zakon.kz/ Document/?doc_id=31420627&doc_ for the activities of the id2=31420702#activate_ Juvenile Adaptation Centers doc=2&pos=3;-98&pos2=7;-99 150 CONSOLIDATED REPORT in the country assessed the and the city of Ridder in East visited institutions under the Kazakhstan Oblast). jurisdiction of the Ministry of The order of activities Education and Science of the of CAM is regulated by Republic of Kazakhstan as Appendix 6 to the Order satisfactory. of the MES of RoK dated In the education system June 18, 2013 No.229 “On for the period, NPM members approval of model rules are to visit 19 centers for the for activities of educational adaptation of minors and organizations for orphans 7 educational institutions and children left without for children with deviant fosterage” and “Model rules behavior and 1 educational for keeping minors in Centers organization with a special for Adaptation of Minors” treatment regime. dated January 11, 2018 No.8. During 2018, NPM The main goals of CAM members made 23 visits to all are to ensure the reception, the institutions listed above. short-term stay, adaptation and further arrangement CENTERS FOR ADAPTION of homeless and neglected OF MINORS OF MOES ROK children, children left The situation in CAMs without fosterage, minors is assessed as satisfactory, sent to special educational however, the conditions in institutions, as well as children which the children live are in difficult life situations, as cruel or degrading. In the a result of ill-treatment that education system for this led to social maladaption period, NPM members are to and social deprivation. visit 19 Centers for Adaption CAM provide reception and of Minors (hereinafter temporary maintenance referred to as CAMs), of which of homeless and homeless 11 are in oblast centers, 6 are minors aged from 3 to 18 in the cities of Astana, Almaty, years. Semey, Zhezkazgan, Temirtau, According to the Shymkent and 2 in the rayon Committee on the Protection centers (Zyryanovsky rayon of Children’s Rights of the CONSOLIDATED REPORT 151 Ministry of Education and • Sent to organizations like Science of the Republic of Center for adaption of Kazakhstan for only 9 months minors in other countries of 2018, 5600 minors passed • Transferred to the guest through CAMs, of them: family • Left without parental care Family support services • Neglected and homeless operate in the CAMs, whose activities are aimed • Sent to special at providing counseling, educational institutions psychological, reference, for children with deviant information and social and behavior and with a legal assistance to the pupils special treatment regime of the CAN6. • Minors in difficult life During 2018, NPM situations members made 15 visits to From the number of CAMs, including in Mangistau admitted minors 5113 oblast, the city of Aktau; children were accommodated, CAM Almaty; CAM of Almaty of them: oblast, Taldykorgan; CAM in Astana; CAM in Atyrau; CAM • Accommodated to in Kostanay oblast, Kostanay; families CAM in the North Kazakhstan • Sent to organizations for oblast, Petropavlovsk; visited orphans and children left twice CAN in East Kazakhstan without fosterage oblast, Ust-Kamenogorsk; CAM in East Kazakhstan • Under custody oblast, Semey city visited • Under fosterage twice; CAM in Zhambyl • Sent to special boarding oblast, Taraz city visited twice schools (at different addresses); CAM in South Kazakhstan oblast, • Transferred to Center for Shymkent and CAM in West adaption of minors in 6 Source: Committee on protection of other areas rights of children MOES RoK, 2018 152 CONSOLIDATED REPORT Kazakhstan oblast, Uralsk. All care, 207 were sent to special visits were intermediate. educational institutions In 2017, 7,539 children for children with deviant were accommodated in the behavior and with a special centers for adaptation of treatment regime, 89 minors minors. Most of them – 6,306 were in difficult life situations. people (83.6 percent) are Neglected children and neglected children or those teenagers admitted to CAMs left without fosterage, 937 from 2011 to 2018 (only for 9 were left without parental months)

CAM in Mangystau In the Center for adaption oblast, Aktau, the building of minors in Aktau for is relatively new (constructed 2018 (from 01.01.2018 till in 2010). 30.12.2018) 330 minors were accommodated.

Of them: Left without parental care – 12 Neglected and homeless – 314 Sent to special educational institutions – 2 Minors in difficult life situations – 2 CONSOLIDATED REPORT 153

Total departed – 324 Of them:

Returned to the family – 314 Sent to Children’s Village – 5 Transferred to custody – 4 Transferred to special boarding school – 1

Torture and cruel or CAM in Almaty has been degrading treatment were not working since 2011. In the found by the NPM members Center for adaption of minors team. No complaints from for 2018 since 21.12.2017 NPM members regarding there were 708 minors the conditions of nutrition, accommodated including medical care and the those left without parental realization of the rights care – 62, neglected – 633, provided for children were Sent to special educational noted. The lack of space for institutions – 7, minors in sports, the library was only difficult life situations – 6. reported, due to lack of Total departed – 701 space, but, however, fiction and textbooks are available. Of them: 154 CONSOLIDATED REPORT Transferred to parents or living rooms make positive legal representatives – 645 impression. children As for the toilet rooms Transferred to college – 4 for boys and girls, they are children dirty, there is unpleasant Transferred to the guest odor, there is no toilet paper, family – 0 paper towels, a soap piece is Transferred to the in a soap box (it should be in educational organization for dispenser). Water taps are in orphans – 28 children good condition, cold and hot Transferred to custody – 7 water is running under good children pressure. Children sent to special In addition, attention is educational institutions – 10 drawn to the fact that the children booths in the toilet rooms Transferred to the staff of for boys do not have doors. the Center for adaption of Children in this institution are minors with departure to of different ages, and these institutions in other areas – 2 are degrading conditions. children One of the rights that Transferred to the are exercised in CAM is institutions like the Center the full right to education. for adaption of minors of In accordance with the other states – 5 children. standards of education, the educational process is At the time of the visit there organized as a small-class were 39 children (15 boys school in the Russian and and 24 girls), from different Kazakh languages. regions, including 10 children Teaching is conducted from Uzbekistan, 5 from by 10 teachers from school Tajikistan. NPM members No.78, of which 9 teachers noted that bedrooms, have an academic hours only game rooms, classrooms in CAM. The team of teachers are fairly light, clean, warm, is stable, there is no turnover, comfortable and the flowers which was confirmed by Ms. on the windowsills in the B. Asylova, Vice-Minister of CONSOLIDATED REPORT 155 Education and Science in her At present, the building letter (ref: 3722-3-4772/15- is being repaired for the 3 dated: 31.07.2018). sum of 1.5 million tenge There is an agreement with (whitewashing, painting, an entertainment center replacement of the heating «Balausa», which carries out system and doors, repairs to work on the organization of the elevator). leisure for pupils. According to NPM Psychologist and tutors members, the previous of CAM work with children recommendation on training according to the approved employees is already being plan with the use of modern implemented with the approaches, besides, according involvement of an expert to the memorandum with the from the Union of Crisis public fund Mother’s Home, Centers of the Republic of “Janja” Adoption Support Kazakhstan. Center provides individual socio-psychological assistance CAM in Almaty oblast, to pupils and their family Taldykorgan – according environment in overcoming to the report of the NPM difficult life situations. members in Almaty and There is a separately Almaty oblast and the equipped room for meeting response of Ms. B. Asylova, of children and their parents Vice Minister of Education in CAM. Meeting duration and Science (ref: 3722-3- is not limited. During the 4772/15-3 dated: 31.07.2018) meetings, social educators, a State Enterprise “Center psychologist conduct advisory, legal, and informational and psychological work. There is an informational and legal board with hotlines, numbers of Prosecutors’ Office, Office of the Commissioner for Human Rights and public organizations. 156 CONSOLIDATED REPORT for Adaptation of Minors” the relevant building to of Almaty oblast is located CAM. In the new 2018-2019 at: Taldykorgan, Eastern school year, it is planned industrial zone, Centralnaya to train children in general street, 1, which is 3-5-minute educational institutions of walk to the nearest public the city of Taldykorgan. A transport stop, which is plasma TV and a Karaoke- not confirmed by NPM DVD are available in the members to the present. game room for children’s According to NPM members, leisure. Mini-gym with sports the implementation of the equipment is provided. In the recommendation on the game rooms there are enough transfer of the CAM to the toys, constructors aimed at residential well-organized the development of children, district of Taldykorgan which is currently the situation depends entirely on the according to NPM members Department of Education of in the region. the Almaty region. 142 children were The response of the Ministry admitted to the Center from of Education and Science of the July 1, 2017 to July 1, 2018. Republic of Kazakhstan states The social status of minors: that “Currently, the Akimat there are 114 of those left of Almaty region is working without parental care, 23 on the issue of providing neglected and homeless, CONSOLIDATED REPORT 157 5 were sent to special premises of CAM, since it is educational institutions. Of still difficult for parents to get these, 9 of them are under there, since the bus stop is custody, 5 were sent to special 30 minutes away by walking, educational institutions, 8 and parents pay about 600 were transferred to foster tenge from the city to travel. family, 38 were transferred A total of 10 to orphanages, 81 of them recommendations were returned home, 1 was given, 1 of which could transferred to CAM SKO. not be considered; 5 were At the time of the visit, implemented; 1 was not there were 17 children in implemented; 3 were partially CAM, including 5 girls and 12 implemented. boys. Children communicate CAM in Astana, the total with each other by name, capacity of the institution there are no conflict is designed for 40 people, situations. According to the almost no overcrowding, children, no one offends 724 children passed through anyone. the institution for the last According to the report of 2017, 48 in January of 2018. the NPM members it follows At the time of the visit, there that there have been positive were 15 children in CAM, changes in the situation for including 5 girls and 10 all the years from 2014 till boys. From conversations 2018. But, there is an acute with children, they are taken issue of dislocation of the care of in the Institution, the food is satisfactory, and the caregivers are attentive. The teenagers were calm, they answered all questions willingly. The children noted that relatives visit at the weekends. Due to the fact that working relatives cannot visit at a fixed time, it is necessary 158 CONSOLIDATED REPORT to revise the hours of the the institution for working schedule for visits, and also with children, including to devote more hours to the play therapy. The existing weekend. Also, on Saturdays office of a psychologist is and Sundays, volunteers at the same time used for from urban public funds, organizational work. There such as Non-Governmental is no separate office for staff, Foundation “Pravo”, either for organizing work or Children’s Village “SOS”, on for recreation in CAM. The a permanent partnership, latter is necessary due to also the student organization increased emotional stress. “MOST-Kazakhstan”, are It is impossible to implement engaged in cultural leisure of individual social adaptation children, students regularly programs for minors, which visit children and spend time include psychological, entertaining them, conduct vocational, educational and trainings and conversations, cognitive components. In play games, etc. The student addition, Article 4 of the Law audience represented is indirectly violated, which by ENU representatives, is the consideration of the ACU colleges, KazGUU, principle of children equality. humanitarian colleges At the same time, these undergo professional issues can be eliminated due practice as social teachers on to the separate re-location of the basis of this Institution. the State Institution “Evening There is no torture or abuse. (shift) school No.39” of However, due to the lack the Astana Department of of premises the Institution Education, which occupies does not have various kinds the educational part of the of hobby clubs for self- Institution. The management expression, the work of the of the Institution has defectologist is not organized repeatedly appealed to the (although there are children Akimat of Astana, so far the with speech disorders). There issue has not been resolved. is no specially equipped In this regard, it is necessary psychologist’s room in to contact the Commissioner CONSOLIDATED REPORT 159 for Human Rights of the as a disciplinary measure. Republic of Kazakhstan to Children stay in the center assist in resolving this issue. before being transferred to orphanages or the paperwork CAM in Atyrau, in their is completed by parents or report NPM members noted guardians. There are photo that it is planned to install reports upon the delivery 5 surveillance cameras in of the child/children in the bedrooms, and it is just family on the hard disks. In unacceptable, it is enough general, friendly relations to install 2 outdoor cameras have developed among the and 2 indoor. At the time teachers and pupils in CAM. of the visit, there were 16 The administration of the children in CAM, including center pays great attention 8 girls and 8 boys. In order to work with parents, child to increase the effectiveness and youth counsellor, of CAMs in preventing re- departments for juvenile entry into them, Family affairs of the departments Support Service operates of internal affairs, centers in CAM. Also there is a call for temporary isolation, center in CAM that operates adaptation and rehabilitation against the exploitation of of minors. child labor. Plastic windows in the sleeping rooms do CAM in Kostanay oblast, not have a handle, and in Kostanay, 28 people were order to avoid the escape of sent to the institution in children from the institution, 2018. At the moment there there are no handles on all are 15 people. 13 people windows. Children are placed from the CAM institution in bedrooms according to were transferred as follows: age and related features. It 3 people sent to a special is necessary to add a later educational institution, 9 dinner at 20.30, as the last people returned home to one takes place at 19.00. their parents, 1 person went to There are no rooms for single custody. 1 person conducted stay of children to be used unauthorized leave. 160 CONSOLIDATED REPORT At the time of the visit, were in difficult life situation; there were 15 children, there were 2 preschoolers, 13 including 4 girls and 11 boys, students. 6 children arrived of which: from Rudnyi, 5 from Kostanay, 12 people were left 2 from Altynsarinsky district, 1 unsupervised, 3 people were from Kostanay district, and 1 left without parental care, 0 from Mendykarinsky district;

NPM members noted can be creative, read, since that all bedrooms are bright, the classroom serves as a clean, equipped with beds, library. The game room has bedside tables, which are a sofa, TV (cable TV), toys. in good condition. Each There is a nature corner, a room looks like home: there health corner, in the absence are books, toys, crafts. The of free space, there is sports windows in the rooms are equipment here. In the usual accessible for opening, mode of operation of the equipped with plastic Center, minors are divided frames. The information into 2 groups: “Balapan” on the daily schedule is which is for children from 3 posted in the corridor. to 7 years old, from 7 to 13 There were no computers in years old, and “Arman” for the class, according to the teenagers from 13 to 18 years administration, there are 13, old. The senior children have in the same place children six meals a day. CONSOLIDATED REPORT 161

According to the leadership children are favorable. The there were no complaints rooms are bright, clean, warm. from the children reported. It is evident that the children The ways to influence are surrounded by care and a child are as follows – attention. There were no conversations, psychological complaints of mistreatment tests, and trainings are when talking to children. used. Conditions created for 162 CONSOLIDATED REPORT CAM in North Kazakhstan Transferred to legal oblast, Petropavlovsk, for representatives including 2018 from December 20, 2017 college – 0 children. there was 61 underage child Transferred to the guest placed in CAM (including 6 family – 0 children. left without parental care, Transferred to the 52 left unsupervised, 0 organization of education for sent to special educational orphans – 11 children. institutions, 3 in difficult life Transferred to custody – 3 situation). children. Children sent to special Total departed – 65 educational institutions – 2 Of them: children. Transferred to parents or Transferred by CAM staff legal representatives – 49 to the institutions of other children. areas – 0

In general, CAM makes work, the main tasks of the a good impression: clean, Center are carried out in all warm, bright, friendly and directions, interaction with attentive staff, children are the internal affairs bodies, well-attended. At the time of the visit there were 10 children, including 4 boys and 6 girls. Work with children is ongoing. The management of the institution does everything possible in its CONSOLIDATED REPORT 163 the guardianship authorities vocational, physical training and other state bodies is and recreational activities in progress. However, this due to the lack of free building is not fully capable of premises and funds for its ensuring the implementation organization. All the main of the Main Tasks of the issues are connected with Center indicated in the the fact that the building is “Model Rules for Activities not typical. It is necessary to of Educational Organizations add a later dinner at 20.00, for Orphans and Children as the last one is at 18.00. Left Without Parental Care”, 25 recommendations were since the building was redone given, of which 18 were from a closed-type security implemented; 4 were partially institution. That is why there implemented and 3 were not windows are located high implemented. up from the floor, rooms are small, etc. The housing and The gym is in emergency living quarters of the CAM unit condition (there is a threat should consist of bedrooms, of wall collapsing on the a classroom for classes, a playground). Here, on the game room, a cinema hall, photo there is a playground a library, and a hygiene shown, that was built at the room. In this institution expense of the Charitable there is a very small class, Foundation “Saby” in Almaty. designed for three desks and a teacher’s table. The rules provide for the development and implementation of individual programs for the social adaptation of minors, which include components of vocational, educational, cognitive, physical education and recreational activities. In this institution, it is not possible to carry out 164 CONSOLIDATED REPORT - Unsupervised and neglected children – 181 people; - Children left without parental care – 60 people; - Minors sent to special educational institutions – 2 people; - Children who are in CAM in East Kazakhstan a difficult life situation – 1 Oblast, Ust-KAmenogorsk, person 244 minors were At the time of the visit, accommodated in Center for there were 16 children, adaption of minors starting including 3 girls and 13 boys. 2018, of which:

It should be noted that in the response of the Ministry of Education and Science, unfortunately, only rooms and classrooms are listed, but it does not reflect how many toys were purchased for children in these game rooms. The building and living quarters have not changed much since the time when CONSOLIDATED REPORT 165 an occupational therapy stressful, it is necessary to detox center was located in work very thoroughly with this building in Soviet times. them. It is necessary to call NPM members in WKO note their attention off the heavy that the dining room is not thoughts, to give them such cozy, there is no proper conditions in which the decoration for children. stressful situation will be There is no washbasin in somewhat mitigated. And, the dining room. There are of course, the presence of no special rooms for family toys, children’s books, board visits in CAM. For this reason, games, accessories for after- visits are conducted in the school activities and the free free room of CAM. The child’s access of children to them right to rest and leisure, the will significantly ease the right to participate in games difficult situation for children. and recreational activities The CAM has developed a appropriate to the age, plan for educational work, and to freely participate in but educational activities cultural life and engage in art are not systematic. Activities are absent in CAM. There is a do not consider the factors game room in CAM, but there of different ages of children are no toys, games, children involved in educational or teenage books, pencils, activities. The plan does not paints, play dough, albums provide for the involvement for drawing, colored paper, of children in systematic etc. There are chequers, lotto work, there are no organized and several books, soft toys interest groups. Degrading in the psychologist’s office, human dignity, cruel but even those few games treatment, punishment or and books that are available torture was not recorded are kept out of the children’s in the CAM of Ust- free access. It is necessary to Kamenogorsk. The staff of understand that for children the institution provided free left without parental care, the access to all premises and situation of their withdrawal provided documentation. from the family is very Employees were respectful, 166 CONSOLIDATED REPORT open and polite with NPM members in WKO. Also from the previously given 13 recommendations, 6 were not implemented; 3 were implemented and 4 were partially implemented.

CAM in East Kazakhstan Oblast, Semey, since the beginning of 2018, CAM in East Kazakhstan Oblast, Semey contained 392 children, of which 374 were returned to their families, 12 were set up in organizations for orphans and children left without parental care, 4 were transferred to special educational institutions, 2 were granted asylum from ill-treatment. The largest number of minor children returned to their parents. the recommendations from At the time of the visit, 9 NPM members, 22 bedside children were placed in CAM tables were purchased, and and 1 child was placed in tableside lamps have not the children’s tuberculosis yet been purchased. As part dispensary. According to the of the implementation of recommendations of NPM the recommendations of members in EKO, work on NPM members in March creating a personal space for 2017, CAM administration children has begun. Personal purchased new furniture in belongings are in different the game room. Also, a new places, in special lockers. As sofa (instead of a large corner part of the implementation of sofa), convenient for children, CONSOLIDATED REPORT 167 was purchased. There were According to the curtains also installed in the 3 recommendations of the rooms of the medical ward, in NPM members in EKO, the mother and child room, CAM administration added and also in the corridor on two additional meals for the 1st floor. In the spring of children such as the second 2017, two dispensers (water breakfast at 11.00 and the dispensers) were purchased second dinner (fruit, kefir, and installed in the corridor etc.) at 21.00. We believe that on each floor. Now children have access to drinking water whenever it is convenient for them. The rooms are clean, tidy. The toilets are clean and neat. According to the recommendations, dividing partitions were installed in the toilet rooms (possibility for a child’s privacy). Toilet paper, liquid soap in the implementation of the dispensers were present in recommendations made by each toilet. The washing room the NPM members is a good is equipped with separate example of the effectiveness sectors for storing individual of the activities of the NPM towels, toothbrushes, and team in protecting the rights paste. There is a place for and freedoms of children. washing in the toilet for girls. Now children receive meals6 There is a shower room on times a day. No facts of torture the first floor: there are 3 or ill-treatment were found shower cabins in the same during the visit. Children room. There is no privacy can use the telephone to for children. Sixmeals are contact their relatives. Out of provided during the day (as 6 recommendations, 3 were was recommended by the implemented and 3 were NPM group). partially implemented. 168 CONSOLIDATED REPORT CAM in Zhambyl region, limit of its capacity was 40 Taraz city, in April this children aged from 3 to 18 institution was located in the years. After the merger of two 14th microdistrict, on the land state institutions, according piece No.31, and already on to Saltanat Kulbayeva, September 14, 2018 by the the capacity limit for that Decree No.167 of the Akimat category of children who were of Zhambyl oblast “On previously accommodated in reorganization by merging the “Center for Adaptation the municipal state institution of Minors” was limited to “Orphanage No. 1 named twenty-five beds. after Sarymoldayev” under the Education Department According to the Director of the Akimat of Zhambyl Togzhan Tatayeva, the oblast and municipal public capacity limit in the new center institution “Center for minors is 75 beds. For the permanent adaptation” under the residence of children up Education Department of the to the age of majority 50 Akimat of Zhambyl oblast and beds are provided. From the in October NPM members “Center for the adaptation of visited Municipal Public minors” 16 boys and 9 girls Utilities Institution “Center aged from 3 to 18 years came for support of children in to live in the building of the difficult life situation” of former orphanage No.1. At Zhambyl Regional Education the moment, children from Department. the Center for adaptation of minors are actually Prior to the reorganization, located in the two-story the Center for adaptation of building of the orphanage minors was located in the No.1 at the address: 14th microdistrict, on the land Taraz, 9th microdistrict, piece No.31, where it was houses No.22, 23. Due to located from March 2018 the reorganization and re- to September 10, 2018 in a registration of the institution, specially built new building there is no technical passport with sports facilities. The of the building. At the time CONSOLIDATED REPORT 169 of the visit, the children least 3 years it was to be used transferred have been living for the purpose of a typical there for a month. Here building. Thus, the Center they were assigned to three was located in the new groups: in the first one there building only for 7 months, are boys aged from 3 to 10 there is an improper use of years old and there are 8 budget funds. The new typical children, in the second group building took into account all there are boys older than this the needs of the institution age up to 18 years old, in the for this category of children. third group there are girls, In May, the institution was and there are 9 of them. visited by experts of an international organization Boarders of the former who expressed the opinion “Center for adaptation of that this institution is one minors” live somewhat of the best institutions apart from the boarders of for children in difficult life the orphanage, although in situations in the post-Soviet fact their groups are located countries. In the department in the neighborhood. for girls there is no division According to the old by age groups and all girls rules, the children in the stay together. girls should be “Center for adaptation of divided into two groups, the minors” could stay there younger age group from 3 to for 3 months, according 10 years, and the older age to the new ones for 6 group from 11 to 18 years. months. However, due This situation is most likely to the reorganization, it caused by the lack of space is still unclear how this for children in the institution. mechanism will work in practice. The letter of the Ministry of Education and Science About 440,000,000 (four gives a strange response hundred forty million) tenge that “In order to eliminate was spent on the construction the violations found, in of the institution and for at March 2018 the Center for 170 CONSOLIDATED REPORT Adaptation of Minors was 1017 people accommodated relocated to a new building by the Center for adaption of built in 2017 at the address: minors – Taraz, 14th microdistrict, land 61 children left without piece No.31. Total area of the​​ parental care institution is 2344, 87 sq.m.”. 13 children sent to special educational institutions In CAM there are: 12 43 children left unsupervised bedrooms, 5 classrooms, a 0 children in difficult life computer class, workshops situation for girls and boys, a medical Of them: 936 people returned to their office, an isolator, offices for parents; psychologist and sociologist, a 11 sent to special library with a book data base, educational institutions; an assembly hall (cinema), 30 children left without a gym, a canteen. Football parental care sent to an and volleyball courts are also orphanage and 5 children equipped. sent to custody; 1 child sent to another area CAM in South Kazakhstan in Almaty. Oblast, Shymkent, in the At the time of the visit, there Center for adaption of minors were 20 children, including as of 20.12.2018: 13 girls and 7 boys. CONSOLIDATED REPORT 171 In the view of NPM beds, which is a violation of members in CAM, all rooms children’s rights for personal are clean, living spaces meet space. Also, the bedrooms standards, there is carpeting are not divided by age. There in bedrooms, there are are wardrobes for outerwear in the bedrooms, that require replacement. According to the menu, children eat 4 times a day, which is not enough. It is necessary to add an later dinner at 20.30. On the territory of CAM there is a small swimming pool for children in the summer. Sports fi eld and sports equipment is available. However, there is no room for children to play sports during the cold season. There are no restrictions to meet with relatives, taking into account the regime of the day. In the premises of the housing unit there are information boards indicating the rights plastic windows without of children, enshrined in bars installed in window the “Convention on the openings that are large Rights of the Child” and enough for normal lighting Chapter 3 of the Law of the and ventilation which open Republic of Kazakhstan “On inside, allowing children the Rights of the Child”, as to independently ventilate well as information about the room. But there are the National Preventive no surveillance cameras. Mechanism in the Republic However, in the bedrooms of Kazakhstan aimed at there are two-storey metal preventing torture and other 172 CONSOLIDATED REPORT cruel, inhuman or degrading complaints were received treatment or punishment. from the children on the There are 2 mailboxes for use of torture and cruel or complaints, addressing the degrading treatment when director of CAM and the NPM members visited CAMs prosecutor’s office. There in Shymkent and in Turkestan are also informational oblast. The children at stickers about the work the time of the visit were of the helpline of the neatly dressed, cheerful Commissioner for children’s and confident. Out of the 5 rights in the Republic of recommendations, 3 were Kazakhstan. The boiled water implemented; 1 was partially for drinking with glasses is implemented and 1 was not present in the bedrooms. No implemented.

CAM in West Kazakhstan According to the results oblast, Uralsk, for the period of the visit to the SPE Center of 2017, the total number for adaption of minors in of children admitted is 183, WKO, NPM members state including: 58 girls, 125 boys. that in this institution the administration exercises At the time of the visit, there the rights of minors in the were 13 children in the institution in full. There institution. Out of them there are communications with were 5 girls and 8 boys. There the outer world: there are were 3 preschoolers and 10 regularals of the media, schoolchildren. books, television. Children CONSOLIDATED REPORT 173

are provided with everything Conclusions and necessary. All children of recommendations of the school age must attend high Ministry of Education and school. Care, upbringing, Science in the Republic of treatment is carried out at Kazakhstan on the Center an appropriate level. Visits for adaption of minors of parents and relatives are conducted at any time without Before summarizing, it is important to remind that hindrance. The building of children who get into the the Center for adaptation for Center for adaption of minors, minors is typical, where all the educational organizations premises and conditions are for children with deviant provided for the upbringing behavior and educational and care of minor children organizations with a special left without temporary care regime of detention are all of their parents or persons children who find themselves replacing them. Parcels and in a difficult life situation. deliveries for children are Kazakhstan showed political accepted without restriction. will back in 1994, having 174 CONSOLIDATED REPORT signed the Convention on interests of the child, providing the Rights of the Child and for the establishment of later two Optional Protocols effective mechanisms to it. It was the first country for its implementation, report to the United Nations provided with adequate that was approved for the human, technical and implementation of the norms financial resources with the of this Convention in 2003. mandatory inclusion of issues The situation and of improving juvenile justice. problems of specific 2. It is necessary to institutions described in this consider the possibility of report should be carefully analyzing the situation on considered and measures the rights and legal interests should be taken to eliminate of minors in a specialized them. In general, the main boarding school and schools recommendations of NPM for children with deviant members were reduced to behavior (the grounds for the need for more skilled placement, including the work with children, creating judicial procedure, the conditions conducive to the delivery and distribution of livelihood of minors, ensuring the persons to the institution). separation of minors by age, 3. It is necessary to create and increasing funding. living conditions close to the Practically everywhere, there family type model: sleeping were issues of creating rooms for 2-3 children, an effective complaint increase the number of social mechanism for children, educators, introduce best improving the situation with practices in the best interests sports halls and libraries were of the child. critical. 4. When deciding on the placement of a child in 1. It is necessary to a specialized educational develop a Strategic Plan to organization, the court must improve the quality of life of take into account the place of children of Kazakhstan, based residence of family members on the policy of the best or legal representatives in CONSOLIDATED REPORT 175 order for minor to maintain procedure for submitting contact with close persons, complaints and giving in relatives, family members. sample petitions to the 5. It is necessary to appropriate authorities, ensure the exercise of the helplines, prosecutors, right to communicate with the Commissioner for parents and the outer world Human Rights and public through video calls, skype organizations, NPM, placing conferences and other information boards in places communication forms. that are accessible to the 6. It is necessary to daily viewing of children and continue working on the parents. plan for conducting classes 8. It is necessary to with personnel on this train staff to prohibit torture topic: not all institutions and other cruel, inhuman have employees informed and degrading treatment or about NPM activities, its punishment, to identify and goals and objectives, there respond to specific cases is no systematic training and of torture and other cruel professional development of specialists working with or degrading treatment to children, development which children in institutions of communication skills, can be subjected (involving identifying victims of cruel human rights experts). and degrading treatment. 9. It is necessary to 7. It is necessary to conduct surveys to identify conduct work on informing the level of knowledge of minors about their rights and minors when enrolling in duties, institution regime, such institutions and adjust disciplinary requirements, the programs in accordance procedure for submitting with the identified proposals, petitions and educational level, as well as complaints, number of the provide education according National Helpline 150 for to the programs of general children and young people education institutions in two languages, about the and the system of control 176 CONSOLIDATED REPORT of knowledge and skills 14. In order for children to according to the standard. maintain social connections, 10. It is necessary to carry it is necessary to review the out child-friendly policies for schedule hours of the visits, facility security personnel. and also add more hours on 11. It is necessary to review weekends for visits. the norms relating to the 15. In accordance with distribution of the provision Article 29 of the Convention of clothing, footwear, and on the Rights of the Child, textile bed clothes to the the child’s education should needs of the given number of be aimed, inter alia, at the children in this Institution. development of the child’s 12. It is necessary to personality, talents and conduct surveys to identify mental and physical abilities the level of knowledge when to their fullest extent. In this placement in such institutions regard, it is necessary to happens to identify the ensure that children receive level of knowledge and education in full and of such adjust training programs quality that is available to in accordance with the children from full families. identified level of education. It is necessary to organize 13. In order to implement various hobby groups for the Paragraph 6 of the Order of self-expression of children the Minister of Education and for the development of and Science of the Republic their creative potential. of Kazakhstan dated June 18, In order to fully implement 2013 No. 229, it is necessary Paragraph 20 of the Order to provide sections consisting of the Minister of Education of bedrooms, classrooms, and Science of the Republic play rooms, a cinema hall, a of Kazakhstan dated June 18, library, hygiene rooms for 2013 No. 229, it is necessary girls, as well as office rooms to increase the number of for employees in the amount psychologists (possibly at the necessary to accommodate cost of children’s correctional 40 children according to age defectologist), since it is and gender peculiarities. difficult for 1 psychologist CONSOLIDATED REPORT 177 to organize work on the education system for the adaptation of children to present moment. the upcoming conditions of In Kazakhstan, special living in a special educational organizations for children organization, taking into with deviant behavior operate account the degree of and are under the jurisdiction pedagogical neglect, age, of local executive bodies. family and living conditions In these organizations, on of each child. the basis of a court order, It is necessary to conduct minors aged from 11 to 18 preventive conversations years old who systematically to identify the causes and committing offenses entailing conditions of unlawful administrative measures; sys­ behavior, explaining the social tematically avoiding primary, and legal consequences of basic secondary and general the offense and convincing secondary education; sys­ of the need for law-abiding tematically committing un­ behavior. authorized withdrawals from Special organizations the family and children’s for children with deviant educational organizations; behavior MES RoK committing other antisocial 7 educational organiza­ actions are placed for a tions for children with period of one month to one deviant behavior (Almaty, year. East Kazakhstan, Zhambyl, For the period of 2018, Karaganda, Kyzylorda, the NPM members made 8 Mangistau, South Kazakhstan visits to special educational oblasts), 1 educational institutions. For special organization with a special organizations for children regime of treatment (village with deviant behavior, the Ulken Boken, Kokpekty NPM members noted that district, East Kazakhstan torture and ill-treatment were oblast) are subject to the visit not detected. Conditions and of the national preventive educational process can be mechanism members in the evaluated as satisfactory. 178 CONSOLIDATED REPORT According to the results places, the average annual of visits conducted by population for the last NPM members to special three years is 10 children. educational organizations for The building is located in children with deviant behavior conjunction with the Center (hereinafter – SEOCDB), the for adaptation of minors. At following situation has been present, it has been decided discovered. to relocate the special • SEOCDB in Almaty is boarding school to another based on monitoring the building on the basis of the implementation of previous decision of the oblast Akim as of May 24, 2018, preparatory recommendations of the works are being carried out NPM members and on the to repair the building. results of group and individual confidential meetings • Municipal Public Utilities with the SEOCDB minors. Insititution “Regional NPM members note boarding school for children that connection and with deviant behavior” of communication with relatives the Education Department of is not prevented, but given Kyzylorda oblast, located in that children come from an accommodated building different parts of the country, of 1958 (the last time the relatives are unlikely to have building was repaired in the opportunity to come from 2013). In 2018, plumbing was other regions of Kazakhstan. partially renovated, paper NPM recommendations are napkin holders were installed, the same. air conditioning and a TV set were installed in the sleeping • Municipal Public Utilities rooms. Improvement of the Insititution “Mangustau sports ground has been regional special boarding carried out, there are football school for children with and volleyball courts. But deviant behavior” has been the situation regarding the functioning since 2001, the absence of ventilation and building is accommodated, exhaust systems in the rooms the estimated capacity is 25 is not solved. The furniture CONSOLIDATED REPORT 179 is still outdated, boarders and computer equipment do not have enough chairs, was purchased. wardrobes for clothes and • Special Boarding School in shoes. There is no gym, no the village Belousovka was sports simulators. Pupils of relocated on December 01, the boarding school do not 2017 to the settlement Ulken have access to computer Boken of the Kokpekty district equipment and the Internet. on the basis of the Order of • Municipal Public Utilities the Education Department of Insititution “Boarding school the East Kazakhstan oblast for children with deviant dated October 10, 2017, behavior” in Kentau, Turkestan No.507. The total area of region. The boarding school the boarding school is 681.4 has been operating since square meters; the estimated 2003, the building has been capacity is 50 places. The accommodated in 1980, with material and technical base the estimated capacity is 40 consists of a bedroom and places. Heating and water educational building, there supply is centralized. Water is a backyard. As of July 19, is heated by water heating 2018 there are 15 boarders devices. There is a bath and in the specialized school, the laundry complex. There duration of stay is from 2 are two isolation wards for months to 2 years. the primary examination of In Municipal Public children. The population of Utilities Institution “Regional children as of July 19, 2018 special boarding school for is 17 children. Maintenance minors who have committed repairs were carried out: criminal offenses before doors in bedrooms, flooring, reaching the age of criminal tiles in the household and discretion”, minors from all toilet rooms and in the dining over Kazakhstan, within the room were replaced. New jurisdiction of the institution, plumbing and hand dryers are sent. Given the large were installed, dining chairs distance due to the size of were purchased. Furniture the territory of Kazakhstan, 180 CONSOLIDATED REPORT many families do not have socially useful work and a an opportunity to maintain diverse network of hobby socially useful relations with clubs. For students with a the child. great pedagogical neglect, an According to NPM alignment program is applied. members of EKO, children are Boarders who leave the kept in a closed institution, institution ahead of schedule mail messages are written only or due to the expiration of in the presence of a caregiver a period determined by the or a psychologist. Cell phones, court are sent to the place piercing and cutting items of their further placement are prohibited. The reason accompanied by their parents for the prohibition of cellular or persons replacing them, phones in the institution is and in case of impossibility of explained by the fact that their arrival accompanied by parents, acquaintances, the staff of the institution at relatives with their messages the expense of the institution. destabilize the psychological state of the boarders, which Conclusions and leads to a violation of recommendations of MES discipline, provoking shoots RoK on special educational and suicidal tendencies. organizations for children Given that children come to with deviant behavior this institution from different 1. It is necessary to parts of the country and they conduct training for managers, need to exercise their right to accountants, and public communicate with the outer procurement managers on world, an individual approach budget planning and drawing is necessary when allowing or estimate documentation for prohibiting the use of a cell major, current repairs, and phone. improvements in conditions Secondary general for minors in the institutions. education of students at 2. It is necessary to the Institution is carried out conduct training for the staff according to their age and of institutions on respect individual characteristics, of the legal rights and CONSOLIDATED REPORT 181 interests of the boarders, and not all institutions have maintaining connections with employees informed about their families. NPM activities, its goals 3. It is necessary to and objectives, there is no consider the possibility of systematic training and analyzing the situation on professional development the rights and legal interests of specialists working with of minors in a specialized children, developing their boarding school and schools communication skills, for children with deviant identifying victims of cruel behavior (the grounds of the placement, including and degrading treatment. the judicial procedure, the 7. It is necessary to delivery and distribution of conduct work on informing the persons to the institution). minors about their rights and 4. When deciding on duties, institution regime, the placement of a child in disciplinary requirements, a specialized educational procedure for submitting organization, the court must proposals, petitions and take into account the place of complaints, number of the residence of family members National Helpline 150 for or legal representatives for children and young people minors to maintain contact in two languages, about the with close persons, relatives, procedure for submitting family members. complaints and giving in 5. It is necessary to sample petitions to the ensure the implementation appropriate authorities, of the right to communicate with parents and the outer helplines, prosecutors, world through video calls, the Commissioner for skype conferences and other Human Rights and public communication forms. organizations, NPM, placing 6. It is necessary to information boards in places continue work on the plan that are accessible to the for conducting classes with daily viewing of children and personnel on this topic: parents. 182 CONSOLIDATED REPORT CONCLUSION government agencies on NPM recommendations are 2018 was the fifth year of incomplete, they are full NPM work. During this time, of references to laws and algorithms of interaction regulations, instead of stating with government agencies, issues, and do not contain internal principles and resolutions to the issues procedures, financial logistics posed. NPM reports and issues and procedural recommendations are always features have been tested. detailed, specific, associated That is why, in 2018, the funds with the elimination of allocated to compensate for obvious practices, but we do the transportation costs of not see the proper level of NPM members, for the first response from the authorized time during the operation of state bodies, often the NPM, were disbursed in full responses of state bodies (99.9%). are general in nature and do not respond to the identified However, the issues on needs. sustainability of the NPM work are still relevant: 1) Each year, NPM members the allocated funds are still devote most of their attention not enough to visit all the to penitentiary institutions: in sites where violations have some regions, colonies and been detected; 2) in the pre-trial detention centers light of the expansion of the are visited up to 3-4 times a NPM mandate for children’s year, 24 of 27 special visits institutions, an increase in are made to penitentiary the number of visits will be institutions. This is due to the required, hence it will result in long non-implementation an increase of compensation of recommendations and for the transport costs; 3) repeated reports on torture response to the facts of in these institutions. Analysis torture and ill-treatment of the results of visits in remains unsatisfactory. 2018 raises even more In general, the reports of concern about the situation CONSOLIDATED REPORT 183 in penitentiary institutions. Despite the unequivocal There is a persistent tendency reports on torture supported to abuse and dispropor­ by photo or video recording tionate exposure in places which was detected by NPM of isolation from society. members, investigations of Doctors formally fill out such incidents are delayed, medical documents, as a rule, forensic examinations are this is an incomplete fixation appointed for later, and as of the forms, nature, extent a result criminal cases are of damage, their number, terminated without even places of dislocation, reaching the court. On 176 characterizing the nature appeals to the General of the injuries. According Prosecutor’s Office of the to the inspection and the Republic of Kazakhstan photographs attached in received in 2018 from the the reports, the injuries are National Center for Human Rights, the prosecution located predominantly on authorities conducted 101 previously forcibly exposed checks, made 8 submissions, parts of the body, which and brought to justice indicates the actions that are 8 persons. 31 facts are not aimed at overcoming the registered in ERDR, of which 29 resistance of convicts, but have been discontinued and show the obvious purpose of 2 are in production. Persons punishment, which according convicted – 0. Obviously, to the UN Convention the most important thing against Torture indicates at this stage is to adjust ill-treatment. Usually in the the response to the facts of plot of the case, common torture discovered by NPM. terms are used: “he fell from In this regard, we reiterate the the ladder”, “he did harm repeated recommendation to himself”, “he had a fight” on the need for a special and so on, thereby knowingly form of public reports by the turning the scale against the Prosecutor General’s Office to convicts. investigate the facts of torture discovered by NPM and to 184 CONSOLIDATED REPORT analyze systematic issues many institutions the issue leading to torture which were of access to water and toilets generally described by NPM. has not been resolved.

The second problematic Throughout 2018, we issue of penitentiary worked on further streng­ institutions is search activities thening the NPM institute. involving the use of special One of the recommendations equipment. In documents, of the UN Subcommittee on injuries are not recorded, Prevention of Torture was the records themselves in to ensure the sustainability medical documents are made of the work of the NPM formally: the dependence members, therefore it was of the medical staff on the recommended to extend prison administration has its the mandate of the NPM effects. During one of the members. In this regard, visits, the doctor refused to the regulations have been answer questions from NPM amended, and the term of members. office for the NMP members has been extended to 2 Third, but no less years. At the end of 2018, important in the work of the Coordination Council the penitentiary institutions selected NPM members with is the question of sewage. a term of up to the end of This issue has been raised 2020. This will reduce the repeatedly in NPM reports, number of introductory but this year we decided to training events and will help devote special attention to to concentrate on improving this problem in conclusion, the efficiency and systemic because we believe that character of NPM work. ignoring this issue leads to serious violations of Another measure to prisoners’ rights and can be strengthen the systematic equated to cruel punishment. work of NPM will be a new Buildings where prisoners joint project of the Office of are detained reach decay, in the Commissioner for human CONSOLIDATED REPORT 185 rights and the United Nations project will be implemented Development Program within 3 years (2019-2021) on the activities of NPM. and will allow to analyze During 2018, the activities big data volumes obtained and budget of the project during the five-year NPM were coordinated, and they activity, update and sharpen were ultimately supported reporting forms, digitize the and approved for funding reporting procedure, and, by the Government of the therefore, target further visits Republic of Kazakhstan. The for NPM members.