THE COMMISSIONER FOR HUMAN RIGHTS IN THE REPUBLIC OF KAZAKHSTAN, NPM PARTICIPANTS VISITED THE IVS OF ALMATY, WHERE DETAINEES ARE DETAINED AFTER MASS RIOTS

THE COMMISSIONER FOR HUMAN RIGHTS IN THE REPUBLIC OF KAZAKHSTAN, NPM PARTICIPANTS VISITED THE IVS OF ALMATY, WHERE DETAINEES ARE DETAINED AFTER MASS RIOTS

On January 13, 2022, the Commissioner for Human Rights of the Republic of Kazakhstan Elvira Azimova and a group of participants of the National Preventive Mechanism and the National Council of Public Trust visited temporary detention facilities in Almaty, where citizens detained after mass riots are located.

Commissioner for Human Rights of the Republic of Kazakhstan E.Asimova and representatives of civil society: Zh.Turmagambetova - a member of the Coordinating Council of the National Preventive Mechanism and the National Council of Public Trust, T.Kaysar - a member of the National Council of Public Trust under the President of the Republic of Kazakhstan visited the LA-155/18 detention facility (it was temporarily transferred to a temporary detention facility according to the order of the Commandant of Almaty city) and a special receiver for administratively arrested persons of the Almaty Police Department. An independent check was carried out on reports of ill-treatment and failure to provide medical care, as well as denial of access to lawyers to citizens detained and taken to these institutions in the period from January 6 to 14, 2022.

At the time of the visit, 70 citizens in the pre-trial detention center arrived in Almaty in the period from January 9 to January 10, 2022. They are authorized to arrest up to 2 months in connection with the charges and the conduct of a criminal investigation. 5 citizens are charged under Article 272 of the Criminal Code of the Republic of Kazakhstan (CC RK), 1 citizen - under Article 287 of the Criminal Code of the Republic of Kazakhstan, 1 citizen - under Article 291 of the Criminal Code, all other citizens (63 people) are charged under Article 188 of the Criminal Code of the Republic of Kazakhstan (theft). Of the arrested citizens, three are foreign citizens (RF, RU, RT), the rest are citizens of the Republic of Kazakhstan. The dynamics of the release of detainees from arrest are observed, taking into account the results of the investigation. The situation is similar in the second institution visited by the group - the IVS of Almaty. In the period from January 8 to January 9, 2022, 187 citizens were delivered, who was there for the period of the inspection by the prosecutor's office.

As of January 13 this year, based on the results of the investigations and the basis of the prosecutor's decision, 53 citizens were released from the pre-trial detention center, among whom were 4 citizens who received gunshot wounds (they were immediately provided with medical assistance, after their release they refused further inpatient treatment and expressed a desire to undergo treatment at home). On January 10-11, 2022, 37 citizens were released from the temporary detention facility in Almaty. Further data on the detainees will be clarified taking into account the results of the completion of the procedural actions carried out by the staff of the Prosecutor's Office of the city of Almaty.

According to the results of the visit, it was established that on January 10 of this year, all citizens underwent a medical examination by specialists of the medical part of the institutions. On January 11 of this year, a medical examination in the pre-trial detention center was conducted by civilian doctors of the city clinical Hospital No. 7. Prescribed treatments are carried out under the supervision of medical workers of the institutions themselves. Regular PCR testing of citizens who are delivered to these institutions is also carried out. According to medical workers, all the necessary medicines and medical equipment are available in sufficient quantities.

Access to lawyers in the institutions themselves is allowed subject to the requirements of the state of emergency. During the meeting, two detainees reported on the non-provision of lawyers. These facts have been reported to the prosecutor for verification. At the time of the group's visit to the detention center, only two lawyers held their meetings with their clients. According to the Almaty City Bar Association, 12 lawyers currently represent the interests of citizens detained in Almaty these days. It is established that the system of online meetings with lawyers and relatives is working normally, and court sessions are also held.

In case of facts of restrictions of access to their clients, lawyers should inform the Prosecutor's office of the city of Almaty. Transfers from loved ones are also allowed.

During a conversation with the arrested citizens in the pre-trial detention center, it was found that information about the arrest of two had not been brought to their loved ones. Regarding the detention of one foreigner, the information has not been brought to the consulate of the State of citizenship (RT). These facts were immediately reported to the Special Prosecutor to eliminate the violation. In the IVS of Almaty, two citizens during the meeting categorically refused to notify relatives of their detention. As a result of the visits, the Commissioner and public figures voiced a recommendation to the Prosecutor's Office of Almaty to consider minimizing the initiation of a criminal penalty in the form of imprisonment and considering the possibility of using alternative measures, taking into account the identity of the suspects and the damage caused. As well as a recommendation to ensure regular access of public monitoring for the period of citizens being arrested as a result of mass riots to ensure respect for human rights and reliable and objective information for the population on compliance with the legality of the measures taken.