Activities of the Human Rights Commissioner and participants of the National Preventive Mechanism for the Prevention of Torture in the context of the coronavirus COVID-19 pandemic
A state of emergency in response to the coronavirus COVID-19 infection pandemic was introduced in Kazakhstan on the basis of the Decree of the President K.Tokaev, from 08.00 a.m. on March 16, 2020 and extended until May 11, 2020.
From the first days, all institutions falling under the mandate of the National Preventive Mechanism including social, socio-medical institutions in which minors, elderly people, people with disabilities, people in difficult life situations, and also institutions of the penitentiary system were quarantined, including pre-trial detention facilities and other special facilities where detainees and suspects are temporarily held. In Kazakhstan, over 3,200 institutions fall under the mandate of NPM.
NPM in Kazakhstan operates according to the “Ombudsman+” model. The Commissioner for Human Rights and her office have not stopped their activities since the beginning of the state of emergency. This made it possible to ensure constant and prompt interaction with state bodies on complaints received by the NPM participants.
Social and socio-medical institutions were completely isolated, including with regard to the prohibition of visits to the third parties in order to ensure maximum safety of citizens who are in these institutions, and as a rule have a weak immune system. Preventive monitoring of this type of institutions can be carried out through telephone communications and video calls.
Regarding the institutions of the penitentiary system, pre-trial detention centers, At the beginning of the state of emergency there has been developed an algorithm of interaction with the participation of the Commissioner for Human Rights, General Prosecutor’s Office and Ministry of Interior to keep special visits by NPM participants, public monitoring commissions and representatives of non-governmental organizations in cases of specific complaints, subject to the full compliance with the sanitary and epidemiological requirements of the Chief Sanitary Inspector.
Along with that in cases of individual complaints to the Commissioner for Human Rights or NPM participants from convicted people, the practice of online meetings with groups of convicts has been introduced by NPM participants for consultations on the legislation of the Republic of Kazakhstan and recommendations for the protection of health, access to legal, psychological and medical assistance in emergency situations, as well as individual online meetings with individual convicts if such a request is received.
In the implementation of developed Algorithm, the administration of the penitentiary system has also created a call center throughout the Republic, where relatives and defenders of the convicts, lawyers, and participants of NPM can apply for all matters of interest. Convicts and their relatives are provided with video calls in return for face-to-face visits in places of detention.
From March 15 until May 12, 2858 telephone conversations through video communication and 1393 short-term video meetings of convicts with relatives have been provided in the penitentiary system. It is planned to continue the practice of video calls even after quarantine.
Court hearings with the participation of persons in places of detention and their meetings with lawyers also began to be held in a remote format.
It should be noted that since the beginning of the state of emergency, new and temporary places of detention have not been created.
The Commissioner for Human Rights continues to interact constantly in a remote format with the NPM participants and members of the Coordination Council for NPM taking into account the recommendations of the UN, WHO, UNICEF and ILO, PRI on protecting human rights in times of pandemic.
Taking into account the widespread recommendations of international organizations and the country's Chief Sanitary Inspector, escorting by service vehicles to the homes of citizens who have been released has been put into practice in the penitentiary system in order to avoid difficulties in moving between quarantined regions. Thus, 322 released persons were escorted to the address of their permanent or temporary residence, or to the other places (placing them for the period of quarantine in centers of resocialization, public funds, boarding houses, with relatives or friends) with the provision of the necessary protective equipment.
Routine medical care for persons in places of detention that did not require surgical intervention was temporarily suspended, with the exception of emergency medical services.
According to the information of the Administrative Police Committee, during the whole state of emergency, 3 cases of COVID-19 infection among those contained were revealed in temporary detention facilities (Kyzylorda, Aktobe, Atyrau regions). In Kyzylorda and Aktobe regions, the preventive measure was changed to a house arrest, taking into account the presence of trusted persons and the low severity of the alleged crimes. In Atyrau region, the preventive measure was not changed due to the seriousness of the alleged crime and the lack of trusted persons. This person was hospitalized in an infectious diseases hospital.