Prosecutor General's Office of the Republic of Kazakhstan
Over the past 3 years, several action plans and development programs in the field of human rights have been adopted in Kazakhstan with the participation of the civil community. So, in June 2021, the President Tokayev K.K. approved the Plan of Priority Measures in the field of Human Rights.
It provides for ensuring the rights to freedom of association, expression of opinion, the rights of persons with disabilities, victims of human trafficking, and the elimination of discrimination against women.
Measures have been taken to ensure human rights in the field of criminal justice, prevent torture and ill-treatment, and improve the effectiveness of interaction with non-governmental organizations.
In October 2021, during the 76th session of the UN General Assembly in New York, the Republic of Kazakhstan was elected a member of the UN Human Rights Council for 2022-2024.
The election of our country to the main human rights body of the world organization is a recognition of its role as an active and responsible participant in the process of promoting international norms and standards in the protection of human rights and freedoms.
According to the ranking of the Rule of Law Index, Kazakhstan ranks 65th
out of 140 countries in 2022, adding one position compared to last year.
In some positions, Kazakhstan is among the 50 countries of the world. Thus, in the category "Order and Security" Kazakhstan ranks 42nd out of 140 countries, ahead of France, Portugal, Italy, Greece, Bulgaria. According to the rating "Civil justice" – 43rd place.
In comparison with 2021, our country has stepped forward in the 3rd positions - "Fundamental rights" (+7), "Criminal justice" (+6) and "Restriction of state power" (+2).
In the regional ranking (countries of Eastern Europe and Central Asia), Kazakhstan ranks 4th according to the Rule of Law Index.
Kazakhstan has carried out serious work to modernize and increase confidence in the judicial system. Among other things, new editions of basic laws, such as a new Code of Judicial Ethics, a Regulation on the Judicial Jury were adopted, rules on the evaluation of the professional activity of a judge were introduced.
A special body has been created – the Commission on the Quality of Justice, which evaluates the professional activities of judges using HR tools recognized in leading countries.
Measures have been taken to simplify legal proceedings, increase their efficiency, digitalize the activities of courts in order to increase access to justice and transparency of the judicial system.
Thus, the necessary conditions have been created for the administration of justice and the prevention of the conviction of innocent persons.
So, if in 2015 only about 70 persons were acquitted by the courts of Kazakhstan, then over the past three years this figure has averaged about 200 people (2020 - 181, 2021 - 208, 2022 - 194).
In the period 2020-2022, 75 persons were fully acquitted by the Supreme Court of the Republic of Kazakhstan on the protests of the Prosecutor General of the Republic of Kazakhstan (2020-12, 2021-40, 2022-23).
Kazakhstan is a party to more than 70 multilateral universal human rights treaties, including the Universal Declaration of Human Rights and 8 United Nations human rights conventions.
Taking into account these factors, as well as the guarantees provided by Kazakhstan to ensure a fair trial, protection of the rights and freedoms of extradited persons, foreign states, including the European Union, extradite the fugitives to Kazakhstan.
In 2020-2023, 16 European states, including Spain, Moldova, Montenegro, Germany, Ukraine (in 2023), Poland (in 2023) and Sweden (in 2023) decided to extradite 146 wanted persons to Kazakhstan on suspicion of committing offences.
At the same time, Kazakhstan has no extradition treaties with Montenegro, Germany, Poland and Sweden, and these countries extradited criminals on the principles of reciprocity, thereby confirming unconditional trust to Kazakhstan as the responsible member of international relations and its legal system and justice.
Since 2002, the Institute of the Commissioner for Human Rights has been established in Kazakhstan.
There is a National Human Rights Center under the Ombudsman.
On November 5, 2022, with the adoption of the Constitutional Law "On the Commissioner for Human Rights of the Republic of Kazakhstan", its constitutional status was consolidated, its powers, guarantees of independence and its non- accountability to state bodies and officials were expanded.
"The progress that we have seen in Kazakhstan over the past 30 years can become an example for other countries in the development of the institution of the Ombudsman ...", - said Michaela Friberg Story, Permanent Coordinator of the UN in Kazakhstan at the meeting of the Commissioner for Human Rights on December 10, 2022.
The UN High Commissioner for Human Rights Volker Turk, who visited Kazakhstan in March 2023 on a working visit, highly appreciated the reforms carried out in Kazakhstan, including the creation of the Constitutional
Court and the strengthening of the Office of the Commissioner for Human Rights, amendments on combating torture, as well as the complete abolition of the death penalty.
"I have been following the events taking place in your country over the past year. From our point of view, it is very important that the protection of citizens' rights is an integral part of the reforms, because we are talking about the future of the country."
"Kazakhstan has inherited a complicated history, but it is obvious that there is a desire for reforms and modernization in this country"
"I am glad to visit Kazakhstan in this jubilee year of the celebration of the 75th anniversary of the Universal Declaration of Human Rights. I see openness in Kazakhstan, which has not been here for many years," the High Commissioner said.
The inviolability of human dignity is guaranteed by the Constitution of the Republic of Kazakhstan.
No one should be subjected to torture, violence, other cruel or degrading treatment or punishment (article 17 of the Constitution of the Republic of Kazakhstan).
In 1998, our country joined the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
In November 2005, the Republic of Kazakhstan ratified the International Covenant on Civil and Political Rights, in 2008 – the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Thus, Kazakhstan has ratified a number of international acts, each of which contains norms aimed at realizing the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment.
Kazakhstan, being a participant in them, has undertaken obligations to provide reports on the measures taken in this area.
Since 2014, the Institute of the National Preventive Mechanism (hereinafter – NPM) for the prevention of torture and ill-treatment has been established in Kazakhstan.
Functionally, the NPM is completely independent from the bodies of all branches of power and illegal interference in the activities of its participants is prohibited by law.
NPM participants have access to penitentiary institutions at any time and can receive information about the conditions of detention of convicts, conduct interviews with them without witnesses.
Petitions of convicted persons addressed to State bodies are not subject to controlby the Commissioner for Human Rights and are sent to the addressee no later than one day.
The NPM's mandate to monitor the prevention of torture and ill-treatment also applies to medical organizations for compulsory treatment and special entities, including for children.
In general, from 2014 to 2022, the number of entities covered by NPMs increased from 400 to 3434.
Over the past 3 years, NPM participants have conducted 1,529 visits, resulted to recommendations to mandated entities and organizations to improve the conditions of detention of detainees, including improving the quality of medical care, nutrition and prevention of torture and ill-treatment.
In 2021, the Scientific and Educational Center for the Implementation of the "Nelson Mandela Rules" was established, one of the first specialized educational institutions in the Central Asian region that provide online training on international standards of conditions of detention of convicts.
Over the years 2020-2022, more than 3.5 thousand employees of penitentiary institutions, as well as representatives of human rights organizations and NPMs have successfully completed the courses.
In 2002, torture was singled out as a separate offence in the Criminal Code, and since 2011 it has been enshrined in the Chapter of Crimes against Constitutional and Other Human and Civil Rights and Freedoms.
The law has introduced a ban on exemption from criminal liability for torture as a result of an act of amnesty or statute of limitations, as well as in connection with active repentance and reconciliation of the parties.
On March 17, 2023, the President of the country signed a law on human rights issues in the criminal proceedings, the execution of punishment, as well as the prevention of torture and other cruel, inhuman or degrading treatment.
This law was a continuation of Kazakhstan's consistent steps to eliminate torture and other forms of ill-treatment, implement international norms on these issues into national legislation, and expand the rights of convicts.
The law introduced responsibility for cruel, inhuman or degrading treatment, toughened criminal liability for torture. Suspended sentences are not applied to persons convicted of torture.
The concept of a person acting in an official capacity, which does not fall under the definition of an official or a representative of the authorities, but has administrative powers, has been introduced.
In case of serious illness, convicts will be granted the right to a postponement, that is, they will have the opportunity to receive surgical treatment in civilian medical institutions.
Since January 1, 2023, only the Prosecutor's office can investigate criminal cases of torture.
The appointment of one impartial body to investigate such cases will exclude any corporatism on the part of the criminal prosecution authorities against their employees (previously cases were investigated by the anti-corruption service, the police's internal security departments).
Digitalization ("continuous video surveillance", terminals of electronic petitions) is being actively introduced in the penitentiary system, which acts as an additional tool to ensure compliance with the rights of detainees and convicts.
Currently, there are about 22,000 video surveillance cameras in the investigating bodies. The installation of a continuous video surveillance system has been completed in 52 of the 79 institutions of the penal system.
Thus, Kazakhstan consistently takes measures to implement the recommendations of international and national organizations in the field of human rights and freedoms protection.
The Republic of Kazakhstan recognizes and guarantees the rights and freedoms of human and citizen established by the Constitution of the Republic of Kazakhstan (hereinafter referred to as the Constitution) and the norms of international law recognized by the Republic of Kazakhstan.
Arrest and detention are allowed only in cases stipulated by law and only with the sanction of a court with the provision of the right of appeal to the arrested person (paragraph 2 of article 16 of the Constitution). Every detainee, arrested, accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment, respectively, of detention, arrest or indictment (paragraph 2 of article 16 of the Constitution).
There is a presumption of innocence (clause 3 of Article 77 of the Constitution), a ban on repeated prosecution for the same offense and other norms aimed at protecting human and civil rights and freedoms during criminal proceedings.
It should be noted that international treaties ratified by the Parliament of the Republic of Kazakhstan have priority over its laws (paragraph 3 of Article 4 of the Constitution).
Moreover, the provisions of international treaties that do not require the publication of laws for application are directly applicable in the Republic of Kazakhstan.
The objectives of the criminal process are suppression, impartial, prompt and full disclosure, investigation of criminal offenses, exposure and prosecution of the perpetrators, fair trial and proper application of criminal law, protection of individuals, society and the state from criminal offenses.
The Criminal Code is the main and only source of criminal law in Kazakhstan, which established the criminality and punishability of acts on the territory of Kazakhstan.
The objectives of the Criminal Code are: protection of the rights, freedoms and legitimate interests of human and citizen, property, rights and legitimate interests of organizations, public order and security, environment, constitutional order and territorial integrity of the Republic of Kazakhstan, legally protected interests of society and the state from socially dangerous encroachments, protection of peace and security of mankind, as well as the prevention of criminal offenses.
The СEC establishes the procedure and conditions for the execution and serving of punishments and other measures of criminal effect.
The objectives of the СEC are:
According to paragraph 2 of article 13 of the Constitution, everyone has the right to judicial protection of their rights and freedoms. A judge is independent in the administration of justice and is subject only to the Constitution and the law. Any interference in the activities of the court in the administration of justice is unacceptable and entails liability under the law. Judges are not accountable for specific cases.
Judicial power in the Republic of Kazakhstan belongs only to courts represented by permanent judges, as well as jurors involved in criminal proceedings in the cases and in the manner prescribed by law.
Justice in the Republic of Kazakhstan is carried out only by the court. No other bodies and persons have the right to appropriate the powers of a judge or the functions of the judiciary.
The judicial system of the Republic of Kazakhstan consists of the Supreme Court of the Republic of Kazakhstan, local and other courts established in accordance with the Constitution and the Constitutional Law "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" dated December 25, 2000.
«Section 7 of the CPC defines the jurisdiction of criminal cases».
At the pre-trial stage of the criminal process, specialized investigative courts, specialized inter-district investigative courts consider complaints against decisions and actions (inaction) of persons carrying out pre-trial investigation, the prosecutor overseeing the legality of operational investigative activities, pre-trial investigation, authorize procedural actions in cases provided for by the CPC, and also exercise other powers provided for by the CPC.
According to Section VI of the Constitution, as well as the Constitutional Law of the Republic of Kazakhstan "On the Constitutional Court of the Republic of Kazakhstan"5 dated November 5, 2022, the Constitutional Court of the Republic of Kazakhstan ensures the supremacy of the Constitution of the Republic of Kazakhstan throughout the territory of the Republic of Kazakhstan.
The Constitutional Court stated its functioning on January 1, 2023 to strengthen the mechanism for protecting the constitutional rights and freedoms of human and citizen. A human and a citizen have the right to apply directly to the Constitutional Court with applications to recognize illegal the norms that, in their opinion, contradict the principles of the Basic Law of the country.
In exercising its powers, the Constitutional Court is independent of citizens, organizations, state bodies and officials.