On approval of the Rules for preventive visits by groups formed from among the participants of the national preventive mechanism

Decree of the Government of the Republic of Kazakhstan dated March 26, 2014 No. 266.

      Unofficial translation

      The Government of the Republic of Kazakhstan HEREBY DECLARES:

      1. To approve the attached Rules for preventive visits by groups formed from among the participants of the national preventive mechanism.

      2. This decree shall be enforced upon expiry of ten calendar days after the date of its first official publication.

      Prime Minister
      of the Republic of Kazakhstan S. Akhmetov

  Approved
by the Decree of the Government
of the Republic of Kazakhstan
dated March 26, 2014 No. 266

Rules
preventive visits by groups formed from among the participants of the national preventive mechanism

1. General provisions

      1. These Rules for preventive visits by groups formed from among the participants of the national preventive mechanism (hereinafter referred to as the Rules) have been developed in accordance with Article 46 of Penal Execution Code of the Republic of Kazakhstan dated July 5, 2014, Article 191 of the Code of the Republic of Kazakhstan dated July 7, 2020 “On Public Health and Healthcare System”, Article 46-17 of the Law of the Republic of Kazakhstan dated March 30, 1999 “On the procedure and conditions for detention of persons in special institutions, special rooms providing temporary isolation from societies”, Article 47-8 of the Law of the Republic of Kazakhstan dated August 8, 2002 “On the Rights of a Child in the Republic of Kazakhstan”, Article 33 of the Law of the Republic of Kazakhstan dated July 9, 2004 Э On Prevention of Infraction among the Minors and Prevention of Child Neglect and Homelessness”, Article 11-8 of the Law of the Republic of Kazakhstan dated December 29, 2008 “On special social services”.

      Footnote. Clause 1 as reworded by the Decree of the Government of the Republic of Kazakhstan dated 23.10.2020 No. 704.

      2. The Rules shall determine the procedure for preventive visits by groups formed from among the participants of the national preventive mechanism, institutions and organizations defined by the laws of the Republic of Kazakhstan.

2. Procedure for preventive visits by groups

      3. Preventive visits shall be conducted by groups, formed by the Coordination Council under the Commissioner for human rights

      (hereinafter referred to as the Coordination Council) from among the participants of the national preventive mechanism.

      4. Based on the protocols, the Coordinating Council shall approve plans for periodic and intermediate preventive visits (including dates, a list of visited institutions and organizations, as well as the composition of groups authorized to conduct these types of visits.

      Footnote. Clause 4 as reworded by the Decree of the Government of the Republic of Kazakhstan dated 26.12.2017 No. 874 (shall be enforced from the date of its first official publication).

      5. Periodic and intermediate preventive visits shall be conducted by the groups according to the approved plan.

      6. Special preventive group visits shall be conducted without warning based on reports of torture and other cruel, inhuman or degrading treatment or punishment.

      The decision to send a group to conduct a special preventive visit to institutions and organizations subject to preventive visits shall be made by the Commissioner for Human Rights.

      6-1. No more than four members of the national preventive mechanism shall be included in each group by the Coordinating Council (for periodic and intermediate visits) or the Commissioner for Human Rights (for special visits).

      Footnote. The Rules as amended with clause 6-1 in accordance with the Decree of the Government of the Republic of Kazakhstan dated 26.12.2017 No. 874 (shall be enforced from the date of its first official publication).

      7. The document confirming the authority of a participant in the national preventive mechanism for a preventive visit shall be a certificate of a participant in the national preventive mechanism issued by the Commissioner for Human Rights.

      8. When conducting preventive visits by groups, a participant of the national preventive mechanism shall have the right to:

      1) unimpededly choose and visit institutions and organizations subject to preventive visits;

      2) conduct conversations with persons held in institutions and organizations subject to preventive visits, and (or) their legal representatives without witnesses;

      3) receive reports and complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment;

      4) have other rights, provided for by the laws of the Republic of Kazakhstan.

      9. A participant of the national preventive mechanism shall be independent in exercising lawful activities. If there are circumstances that cast doubt on the impartiality of a participant of the national preventive mechanism included in the preventive visit team, he/she must refuse to participate in the preventive visit.

      10. Participants of the national preventive mechanism must show respect for persons in institutions and organizations, as well as for the staff of these institutions and organizations.

      Participants of the national preventive mechanism shall not be entitled to disclose information about the private life of persons that became known to them during preventive visits, without the consent of these persons.

      11. Participants of the national preventive mechanism shall not be allowed to interfere into activities of institutions and organizations subject to preventive visits.

      In case of illegal actions of the participants of the national preventive mechanism, the head of the administration of institutions and organizations subject to preventive visits shall inform the Commissioner for Human Rights in writing.

      12. Ensuring the security of participants in the national preventive mechanism, including escort through the territory, shall be entrusted to the administration of institutions and organizations subject to preventive visits. A participant of the national preventive mechanism shall be notified on a real threat to security and the need to limit the confidentiality of the conversation, by the administration of the institution and organization.

      Refusal by a participant of the national preventive mechanism of restrictions on confidential conversations with persons held in institutions and organizations subject to preventive visits shall be executed in writing.

      13. The period of preventive visits by groups of institutions and organizations subject to preventive visits should not exceed two working days, not counting the time spent on the road.

      Extension of the preventive visit shall be allowed in exceptional cases, for a period not exceeding five working days with the consent of the Commissioner for Human Rights.

      14. Compensation of expenses of participants of the national preventive mechanism on preventive visits shall be carried out within the allocated budget funds.

      3. Reports of the groups by results of preventive visits

      15. Based on the results of each preventive visit, on behalf of the group, a written report on the visit shall be compiled and submitted to the Coordination Council in the form approved by the Coordinating Council, which is signed by all members of the group who carried out the preventive visit.

      A member of the group, who has special opinion, shall execute it in writing and attach to the report.

      16. Reports on preventive visits by a group formed from among the participants of the national preventive mechanism of institutions and organizations subject to preventive visits shall be submitted to the Coordinating Council:

      1) within two weeks for periodic preventive visits;

      2) within five days for intermediate preventive visits;

      3) within two days for special preventive visits.

      17. Reports of the Groups on preventive visits to institutions and organizations subject to preventive visits shall be confidential.