National Preventive Mechanism for the Prevention of Torture / CONSOLIDATED REPORT • 2016 / 1 CONSOLIDATED REPORT CONSOLIDATED REPORT Prepared by the National Preventive Mechanism Membersconsolidated on report the Preventive Prepared by the National Preventive MechanismVisits members Made on thein 2016Preventive Visits Made in 2017 National Preventive Mechanism for the Prevention of Torture Astana |2018 2017 Consolidated Report of the National Preventive Mechanism members on the preventive visits carried out in 2017, Astana, 2017 - 178 p. The Report has been drafted by the Coordination Council of NPM under the Comissioner for Human Rights and published with the support of the OSCE Programme Office in Astana and the Penal Reform International Representative Office in Central Asia The content of the document is the sole liability of the authors. CONTENTS 1. On some organizational issues of the National Preventive Mechanism in 2017 ............................. 7 2. Rights of convicts in correctional institutions of the Committee of the Criminal Execution System (CCES) under the Ministry of Interior of the Republic of Kazakhstan (MoI RK) .............................15 3. The situation of persons detained in remand centres of the Committee of the Criminal Execution System (CCES) under the Ministry of Interior of the Republic of Kazakhstan (MoI RK) .........................................31 4. The situation of persons held in temporary detention facilities and other institutions of the Ministry of Interior of the Republic of Kazakhstan (MoI RK) .........67 5. The situation of persons held in institutions subordinated to the National Security Committee (NSC) of the Republic of Kazakhstan .............83 6. The situation of persons held in institutions under the Ministry of Defence .............................................89 7. The situation of persons detained in the institutions subordinated to the Ministry of Health ........................... 115 8. Situation of minors held in institutions subordinated to the ministries of Education and Science, Interior, Health of the Republic of Kazakhstan .............. 131 Conclusion .................................................................................. 171 1 On some organizational issues of the National Preventive Mechanism 1 in 2017 8 CONSOLIDATED REPORT CONSOLIDATED REPORT The legislation regulating report of the NPM. the activities of the National 582 preventive visits were Preventive Mechanism carried out in 2017 by the (hereinafter – the NPM) in NPM members including 24 the Republic of Kazakhstan special visits (see Figure 1). As establishes the obligation statistics show, the number of the Coordinating Council of preventive visits decreased under the Commissioner for by 98 visits in comparison human rights to prepare the with the previous year, which annual consolidated report is associated with a reduction of the NPM members on the in the allocated budget. results of preventive visits. During the reporting This is the fourth consolidated year the NPM members (hereinafter - NPMM) conducted 140 visits to temporary detention centres throughout Kazakhstan, 31pre-trial detention centres, 106 correctional institutions, 23 remand houses, 24 special reception centres, 21 centres for adaptation of minors, 7 special educational institutions, 36 psychiatric, 31narcological, 51 anti- tuberculosis organizations, and 4 detention centres of NSC, 8 military detention/ confinement facilities, 56 police stations (including the premises of departments of internal affairs). Figure №1 Out of these 24 special Number of NPMM rooms were visited: 17 visits in 2017 correctional facilities, 6 pre- trial detention centers, 1 CONSOLIDATED REPORT 9 psychiatric hospital. Health. Based on the results of the Medical supplies were special visits the materials improved in the correctional on the revealed violations institutions of East contributing to the creation of Kazakhstan, Kostanay, North factors of cruel and degrading Kazakhstan, Kyzylorda and treatment were sent to the South Kazakhstan region Prosecutor's offices and where the stock of medicines authorized bodies depending was updated, the ventilation on the content. system of the premises Also, during the preventive was renovated, the library visits in 2017, in total 111 database was updated, and appeals to the Commissioner the regime and foodstuffs of for human rights were prisoners were monitored. In received by the NPM many mandated institutions members. major repairs were carried out One of the measures in the living quarters, where showing the effectiveness of windows and a sewer system the NPM is the implementa- were replaced, and the yards tion of the recommendations were equipped with shelters on elimination of revealed from rainfall. violations mandated by the Detention conditions institutions referred to in the were improved in detention reports of visits by regional centres, special reception groups of NPM members for centres and remand houses the year 2016. in the southern and eastern The recommendations of regions of Kazakhstan. NPM the NPM members set out members also conducted in the previous consolidated methodological work on report were implemented in familiarizing employees in the prescribed manner by the the correctional institutions National Security Committee, of eastern Kazakhstan, the Ministry of Interior, the specifically Kostanay, and Ministry of Defence, the northern Kazakhstan regions Ministry of Education and with the procedure for Science and the Ministry of observing the rights and 10 CONSOLIDATED REPORT CONSOLIDATED REPORT freedoms of convicts, as work as equipping medical well as on the prevention cabinets, placing sports of torture. These examples equipment in exercise yards, prove the feasibility of and increasing artificial ongoing preventive visits. lighting was carried out in the The leadership of military confinement facilities the National Security including Almaty, Semey Committee of the Republic Karaganda.The Ministry of of Kazakhstan, together with Education and Science of the administration of the the Republic of Kazakhstan pre-trial detention centers, provided detailed information implemented measures to on the implementation of the create conditions that meet recommendations of NPM the minimum standard rules members regarding specific for the treatment of prisoners. institutions. Moreover, the As part of this, it was planned authorized body announced to build new buildings for the dispatch of an information pre-trial detention centers in letter to the akimats of Astana and in Almaty. oblasts, Astana and Almaty The recommendations cities, with recommendations of NPM members on the for improving the conditions outcome of visits to the of detained children and military confinement facility the order of their stay in the were taken into account. educational organizations According to the information subordinate to the Ministry. received from the General The Ministry emphasizes Staff of the Armed Forces of that most of the violations the Ministry of Defense of identified by NPM members the Republic of Kazakhstan during preventive visits to it follows that work was the Adaptation Centers carried out to equip the for Minors and Specialized facility in accordance with organizations in 2016, were the current international eliminated. There were standards. Namely, according some issues that remained to the recommendations of unresolved- for example, the NPM members, such the point on requiring an CONSOLIDATED REPORT 11 increase in financial costs, recommendations of NPM such as the transfer (changing members. It should be noted the venue) of the Center for that the authorized body the Adaptation of Minors in does not pay due attention to Zhambyl and Almaty regions. improving the rehabilitation Due to the fact that financing programs of mental / of these organizations is narcological patients and within the competence of their social adaptation. local executive bodies, the As a result of the analysis Ministry recommended of the information provided that local executive bodies on the implementation of eliminate the identified the recommendations of violations in the shortest NPM members for 2016 possible time. According to that was reflected in the the recommendations of consolidated report, there the NPM members in order is a positive dynamic of to prevent torture and ill- observance of comments treatment of minors by and recommendations by the the staff certain work was state authorities following carried out on the design of the preventive visits. information and legal bilingual Within the limits of stands on NPMs, on children's his competence the rights, the procedure Commissioner for Human for filing complaints and Rights sent inquiries to appeals with samples of authorized state bodies applications, helplines, on the facts set forth in contacts of prosecutors, the citizens' appeals. Not all Commissioner for Human incoming complaints found Rights in the Republic of confirmation, but in some Kazakhstan and public cases pre-trial investigations organizations. were carried out, a number The information provided of expertise tests were by the Ministry of Health of conducted . the Republic of Kazakhstan Based on the results does not sufficiently reveal of special visits during the implementation of the the reporting year the 12 CONSOLIDATED REPORT CONSOLIDATED REPORT materials were forwarded Republic of Kazakhstan in the to the authorized bodies for field of prevention of torture. verification. In some