PRESIDENT OF KAZAKHSTAN SIGNED A DECREE ON EXPANDING MEASURES IN THE FIELD OF HUMAN RIGHTS
President of Kazakhstan Kassym-Jomart Tokayev signed a decree on expanding measures in the field of human rights. In particular, the Head of State introduced an additional subparagraph in his Decree of June 9, 2021, "On further measures of the Republic of Kazakhstan in the field of human rights". It refers to the approval of a Plan of priority measures on human rights and the rule of law.
The document provides several different directions. Among them is the elimination of discrimination against women, the promotion of equal rights and opportunities for men and women, the right to freedom of association, human rights concerning persons with disabilities, human rights in the context of criminal justice, etc.
The adopted Decree complements the work of the Government with new directions.
The Decree adopted by the President of Kazakhstan in June 2021 defines new additional directions of the Government's activities on the human rights track, and from the position of ensuring the rule of law.
In this regard, the guarantee of human rights protection should be ensured through the improvement of the existing legal acts and legal instruments.
The concept of the rule of law means that no one can be above the law, everyone is equal before the law, and no one can be punished except under the procedures established by law, and only for its violation. Legality and justice are two interrelated requirements that are necessary for the effective protection of human rights.
For example, last year, according to the Plan of priority measures, the Parliament adopted a law on the transfer of medical services from the penitentiary system to the civil health system. Today, people in custody are provided with access to the civil health system, regardless of the decision by the facility administration, in which they are serving their sentences or temporarily held until a court decision. At the same time, in practice, there are cases when there is an irreversible process of changes in the body due to the disease and a person needs special care and treatment.
However, courts often refuse to release prisoners on parole or to replace arrest with alternative measures of restriction of freedom. Therefore, it is not enough just to talk about the transfer of medical services, it is necessary to provide real mechanisms for a fair and legitimate decision-making process. In fact, the frequent appeals of citizens and public figures about violence against women and children were noted by President Tokayev in his State-of-the-Nation Address on March 16, 2022. The adopted Decree highlights the elimination of discrimination against women in public policy. It is necessary to expand further the social and economic opportunities of women so that they can confidently resist domestic violence. After all, it is not only about punishment for violations committed. It is necessary to warn them through social support.
In addition, to create equal opportunities for participation in government activities, it is not enough to establish a quota mechanism for vulnerable groups at the Parliamentary level. It is necessary to promote a policy of equal and fair access, as well as incentive tools at the local level.
Another important direction is related to the right to freedom of association. Today, more than 22,000 NGOs are registered in Kazakhstan. However, quantity is not an indicator of quality.
It is necessary to introduce a flexible system for the creation and termination of Ngo's activities, as well as transparent and fair competition, based on their competence in obtaining state support and grant assistance to create long-term and much-needed projects.
Another direction defined by the Decree is the respect of human rights in the context of criminal justice and the prevention of torture and ill-treatment. This topic is particularly acute against the background of reports of illegal methods of detention and investigation in connection with the January events. Article 17 of the Constitution of the Republic of Kazakhstan explicitly states: "No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment."
Kazakhstan has always expressed a firm position of zero tolerance for torture at the international level. Unfortunately, recent events have once again shown that the problem has not been solved. In addition to transferring the investigation function to the General Prosecutor's Office, the methodology for investigating such violations should be revised. Those, who continue to allow torture, should understand that the punishment is inevitable and will be harsh. Over the past three years, the following "leading" categories of appeals to the Human Rights Commissioner can be distinguished. First of all, it is the issue of respect for human rights in the field of execution of criminal punishment. The second is the use of torture and other forms of ill-treatment. The third is insufficient or incomplete access to justice. The human rights guaranteed by the Constitution must be respected and protected in real mode.
Therefore, I support the state approach - to regularly monitor the effectiveness of the fulfillment of the obligations assumed, and, based on the results of the assessment, to review ineffective human rights instruments.
link to the Decree: https://online.zakon.kz/Document/?doc_id=33541552&fbclid=IwAR3m_HDvN1EofkrdsUuu6Yc0M6FzTiVVlnmzrD2p_Heja0LMnqhSkNrNBbA