CAT/OP/KAZ/1/Add.1 Consolidated information on the implementation of the recommendations made by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment resulting from its first visit to Kazakhstan from 20 to 29 September 2016 Paragraph 7 The Subcommittee recommends that the authorities of Kazakhstan request the publication of the present report in accordance with Optional Protocol article 16 (2). It also recommends that the State party distribute the report to all the relevant government departments and institutions. 1. The Ministry of Foreign Affairs of the Republic of Kazakhstan sent the report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in English to all government agencies on 13 February 2017. The Russian version of the report was sent to government agencies on 23 May 2017. 2. If the decision is taken to publish the report, we note the need for it to be posted on the websites of the designated government agencies and the Adilet legal information system; the Ministry of Justice expresses its readiness to assist by publishing the report on its official Internet website. Paragraph 12 The Subcommittee reiterates the recommendations made in connection with its preliminary observations and stresses that those persons who provide information to or cooperate with national or international agencies or institutions should not be punished or otherwise penalized for having done so. The Subcommittee requests the State party to provide in its reply detailed information on what it has done to prevent the possibility of reprisals against anyone who was visited by, met with or provided information to the Subcommittee during the course of the delegation’s visit, as well as information on measures taken to act upon such allegations. 3. Persons who provided information during the visit by the members of the Subcommittee to places of deprivation of liberty were not subjected to any reprisals after the visit. Paragraph 17 While the decision on the institutional format of the national preventive mechanism is left to the discretion of States parties, it is imperative that national preventive mechanism laws are in full compliance with the Optional Protocol and the guidelines on national preventive mechanisms. Therefore, the Subcommittee recommends the enactment of a separate law that ensures the functional and operational independence of the mechanism, with due consideration paid to the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). 4. Kazakhstan signed and ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 29 June 1998. It ratified the Optional Protocol to the Convention against Torture on 26 June 2008. 5. In 2013, Kazakhstan adopted an Act amending some legislation on the establishment of a national preventive mechanism against torture and other cruel, inhuman or degrading treatment or punishment. Under the Act, the preventive mechanism is now included in criminal proceedings, the penal correction system, the health-care system, the system for the integration and education of minors and the temporary detention system. 6. In addition, amendments were made to the Code of Administrative Offences making it an offence to obstruct the lawful activities of the preventive mechanism. 2 GE.18-05420

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