KAZAKHSTAN’S OMBUDSPERSON FOR HUMAN RIGHTS, NATIONAL PREVENTIVE MECHANISM MEMBERS VISIT DETENTION SITE IN ALMATY WHERE PEOPLE SUSPECTED OF PARTICIPATING IN RIOTS ARE HELD

On January 13, 2022, the Commissioner for Human Rights (Ombudsperson) of the Republic of Kazakhstan Elvira Azimova along with some of the members of the National Preventative Mechanism (NPM) and the National Council of Public Trust (NCPT) visited the temporary detention centers of the city of Almaty, where citizens have been detained after mass disorder.

Ms. Azimova and representatives of civil society: Zhemis Turmagambetova - a member of the Coordinating Council of the National Preventative Mechanism and the National Council of Public Trust, Tursyngozha Kaisar - a member of the National Council of Public Trust visited the pre-trial detention center LA-155/18 (it was temporarily transferred to a temporary detention center according to the order of the commandant of the city of Almaty) and a special reception center for people arrested for administrative charges of the Almaty Police Department.

An independent review, in which reports of ill-treatment and non-provision of medical assistance, as well as denials of access to lawyers for citizens, who were detained and taken to these institutions from January 6 to January 14, 2022, was carried out.

At the time of the visit, there were 70 citizens in the pre-trial detention center, who arrived in Almaty in the period from 9 to 10 January 2022. They are subject to be arrested for up to two months in connection with the filed charges and the criminal investigation.
The following charges are made under the articles of the Criminal Code of the Republic of Kazakhstan: 5 citizens are charged under Article 272, 1 citizen - under Article 287, 1 citizen - under Article 291, all other citizens (63 people) – are charged under Article 188 (theft).

Among the arrested citizens, three are foreign citizens (Russia, Uzbekistan and Tajikistan) and the rest are citizens of Kazakhstan.

There is progress in the release of detainees from custody, which take into account the results of the investigation. The situation is similar in the second facility visited by the group - the temporary detention facility in Almaty. In the period from January 8 to January 9, 2022, 187 citizens were brought in, who were there for the period of the investigation by the prosecutor's office.

As of January 13 of this year, based on the results of the investigations and on the basis of the decision of the prosecutor, the following people were released from the pre-trial detention center - 53 citizens, among whom were four who received gunshot wounds (they were immediately provided with medical assistance, after their release they refused further in-patient treatment and wished 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 specified taking into account the results of the completion of the procedural actions carried out by the personnel of the prosecutor's office of the city of Almaty.

Based on 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 departments of detention institutions. On January 11 this year, a medical examination in the pre-trial detention center was carried out by civilian doctors from City Clinical Hospital No. 7. The prescribed treatments are carried out under the supervision of medical workers of the institutions themselves. Regular PCR testing of citizens is also carried out, which is then delivered to the mentioned medical institutions. According to medical workers, all the necessary medicines and medical equipment are available in sufficient quantities.

Access to lawyers in the institutions themselves is permitted subject to the requirements of the state of emergency. During the meeting, two detainees reported that they had not been provided with lawyers. These facts were reported to the prosecutor for verification.

At the time of the group's visit to the pre-trial detention center, only two lawyers held their meetings with their clients. According to the Almaty Bar Association, 12 lawyers currently represent the interests of citizens detained during these days in Almaty.

It has been established that the system of online meetings with lawyers and relatives is operating as usual, and court hearings are also held.

In cases of restriction of access to their clients, lawyers must inform the prosecutor's office of the city of Almaty. Transfers of items from loved ones are also allowed. In the course of a conversation with the arrested citizens in the pre-trial detention center, it was established that the information about the arrest of two people was not brought to the attention of relatives.

Regarding the detention of one foreigner, the information was not brought to the consulate of the citizen’s state (Tajikistan).

These facts were reported immediately to the special prosecutor for the remedy of the violation.

In the temporary detention center in Almaty, two citizens categorically refused to notify their relatives of their detention during the meeting.

Based on the results of the visits, the Commissioner and civil activists made a recommendation to the Prosecutor's Office of Almaty to consider the issue of minimizing the initiation of a criminal penalty in the form of deprivation of liberty and to consider the possibility of applying 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 during the period of arrest of citizens as a result of mass disorder in order to ensure the respect for human rights and reliable and objective information for the population on compliance with the legality of the measures taken.

Phone numbers for inquiries and messages in the city of Almaty:
Detention center LA-155/18: 8 (7272) 9002206
Temporary detention facility of Almaty city: 8 (7272) 544342
Department of penitentiary system of Almaty city: 8 (7272) 901326
Police Department of Almaty city: 8 (7272) 544042
Prosecutor's office of Almaty city: 8 (7272) 650303
National Center for Human Rights in the Republic of Kazakhstan: 8(7172)740169; 740542.