Talks between the Commissioner for Human Rights in Kazakhstan, participants of the NPM and the ambassadors of the EU member states on human rights issues
On January 26, 2022, an online meeting was held between the Commissioner for Human Rights in Kazakhstan, the participants of the National Preventive Mechanism (NPM) against Torture and the Ambassadors in charge of Human Rights at the Ministries of Foreign Affairs of Kazakhstan, Estonia, Finland, France, Germany, Lithuania, Luxembourg, the Netherlands, Slovakia, Spain, Sweden and the UK.
In addition, the meeting was attended by high representatives of the EU Special Representative for Human Rights and the OSCE Representative on Freedom of the Media. The main topic of the discussion was dedicated to the observance of human rights during the state of emergency in Kazakhstan.
The meeting participants expressed their condolences to all Kazakhstanis in connection with the loss of life during the January events.
European diplomats voiced their concerns over reports of human rights violations and expressed their interest in receiving information on measures being taken to address the consequences of the mass riots that took place in early January 2022 in many cities of Kazakhstan.
In his speech, the Ambassador-at-Large of the Ministry of Foreign Affairs of Kazakhstan, Dr. Usen Suleimen, stated that “Kazakhstan has experienced unprecedented violence throughout the country. As the official investigation develops, it turns out that this could be a planned act of aggression, a direct attack on our statehood, an attempt to undermine the peaceful constitutional order - the basis of our country for more than 30 years. Well organized criminals resorted to military tactics simultaneously in 11 regions. They rejected attempts to enter into a dialogue. In connection with the current situation, from January 5 to 19, President Tokayev declared a state of emergency throughout the country.” The Ambassador emphasized the openness of the authorities of Kazakhstan to special procedures of the UN and other international organizations to monitor the observance of human rights.
Ambassador-at-large for Human Rights at the Ministry of Foreign and European Affairs of Slovakia, Peter Burian, noted in his speech: “We welcome the interest of our Kazakh colleagues in dialogue with partners, who have expressed their concern about the events in Kazakhstan. We also welcome the stabilization of the situation in Kazakhstan and note the steps taken to address these issues. At the same time, we have serious concerns about reports of continued violations of the rights of people, who were detained by law enforcement and security forces and subjected to torture, disappeared after arrest without the ability to contact their lawyers. It is also reported that several witnesses were arrested after testifying."
The Commissioner for Human Rights in Kazakhstan, Elvira Azimova, reported that from January 13 to 24, the regional groups of the NPM, members of the Coordinating Council of the NPM and the National Council of Public Trust (NCPT) conducted 81 preventive visits to pre-trial detention centers, temporary detention centers, reception centers, special reception centers in 16 regions of Kazakhstan. As of January 25, 2022, the Commissioner received 39 appeals from citizens about violations of rights and ill-treatment during procedural proceedings, not counting the appeals received on social networks and by phone. On January 25, 2022, according to the information of the General Prosecutor's Office, 109 complaints about unlawful methods of investigation and violations of human rights were registered, 21 criminal cases were initiated on some of them.
“Taking into account all the circumstances and concerns of citizens, I appealed to the Prosecutor General’s Office and the Ministry of Internal Affairs with a request to accept anonymous messages and monitor messages on social networks within the framework of my mandate, without waiting for specific complaints, and also to use the recordings of indoor video surveillance systems as part of the verification law enforcement agencies previously established in accordance with the instructions of the Head of State. It is also necessary to involve civilian medical workers to give an independent medical opinion,” she stressed.
“Unfortunately, as the conversation with the detained and arrested citizens showed, there were complaints about the quality of free guaranteed legal protection, some did not have feedback from lawyers, or they were not provided with the services of lawyers during detention, arrest or initial interrogation. These facts must be taken into account by the courts and investigators when considering cases. It is legally stipulated that all evidence obtained under pressure is invalidated and called into question in case of other procedural violations. Local prosecutors should prevent the re-victimization of those, who complained of torture or other ill-treatment. These requirements must also be observed in relation to citizens, who have the status of a witness in criminal cases, taking into account their fears regarding possible unlawful prosecution. In this regard, we suggest that the investigating authorities use the possibility of online interrogations with the participation of lawyers instead of requiring the physical presence of witnesses. The participants of the NPM will continue to monitor access to medical care, especially for the wounded, people with chronic diseases. The NPM will continue its work,” said Elvira Azimova.
Following the meeting, the participants agreed to continue the dialogue in the near future.