The National Preventive Mechanism (NPM) did not stop its work during a state of emergency

With the support of Human Rights Commissioner E. Azimova, the National Preventive Mechanism (NPM) did not stop its work during a state of emergency, while maintaining its commitment to protecting human rights and preventing torture and other ill-treatment.

The NPM “Ombudsman +” model operates in Kazakhstan. The selected model is the most optimal and effective form of interaction between citizens and the Commissioner for Human Rights, which does not have regional representations on the ground. In fact, NPM participants are regional groups of citizens who have expressed a desire to conduct joint public monitoring of institutions in which citizens are temporarily based on decisions of law enforcement and other government agencies, or court decisions, sentences. The task of the Commissioner for Human Rights is to ensure that NPM groups have unhindered access to institutions and public control.

The state of emergency in connection with the coronavirus infection pandemic (COVID-19) was declared in Kazakhstan by the Decree of the President of the country, K. Tokayev, from 08.00 a.m. on March 16, 2020 and extended until May 11, 2020.

From the first days, all institutions covered by the NPM mandate were transferred to quarantine. In Kazakhstan, over 3,200 institutions fall under the mandate of NPMs.

At the same time, visits of the third parties were completely forbidden to social and socio-medical institutions in order to ensure maximum safety for the health of citizens in them, taking into account the recommendations of the World Health Organization (WHO). The Office of the Commissioner for Human Rights and NPMs carried out preventive monitoring of these institutions through telephone and video calls.

On the institutions of the penitentiary system, pre-trial and temporary detention facilities, the Human Rights Commissioner agreed with the Prosecutor General's Office and the Ministry of Internal Affairs of the Republic of Kazakhstan on maintaining unhindered visits by members of the NPM, public monitoring commissions (PMCs) and non-governmental organizations in cases of complaints of citizens about torture. In some cases, taking into account the recommendations of the UN Subcommittee against Torture, video meetings were organized in order to eliminate the risk of external contact infection.

It should be noted that, within the framework of the agreed аlgorithm of interaction, all visits by NPM and PMC participants in the regions are subject to the maximum compliance with the sanitary and epidemiological requirements of the Chief Sanitary Doctor, a single call center operates under the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan, video sessions are provided for convicts and their relatives. Face-to-face meetings will be resumed after quarantine is lifted. Court hearings with the participation of persons in places of detention and their meetings with lawyers began to be held also in a remote format.

Taking into account the recommendations of the Chief Sanitary Doctor of the country, the Committee of the Penitentiary System of the Ministry of Internal Affairs of the Republic of Kazakhstan provides escort by official vehicles to the homes of citizens who have been released, in order to avoid difficulties in moving between quarantined regions. Thus, 69 released persons were accompanied with the provision of the necessary protective equipment.

The Commissioner for Human Rights and his Office have not stopped their activities since the beginning of the state of emergency. This made it possible to ensure constant operational interaction with state bodies on reports of human rights violations received from NPM participants, lawyers, and citizens.

National Center for Human Rights of the Republic of Kazakhstan