Issues Against Torture Discussed at the Ministry of Foreign Affairs of Kazakhstan

The Ministry of Foreign Affairs of the Republic of Kazakhstan hosted the concluding meeting of the Consultative and Advisory Body "Dialogue Platform on Human Dimension" (hereinafter referred to as DPHD CAB), chaired by Deputy Foreign Minister Roman Vassilenko, press service of the Kazakh MFA reports.

During the meeting, measures to counteract torture were discussed. Additionally, the results of the work of the DPHD CAB in 2023 were summarized, and the Work Plan for 2024 was approved.

The event featured the Deputy Chairman of the Commission on Human Rights under the President, the Head of the National Centre for Human Rights, representatives of the General Prosecutor’s Office, relevant ministries, Kazakh human rights NGOs, and guests of the platform. This included representatives of international partners, such as the United Nations Development Programme, the Office of the United Nations High Commissioner for Human Rights, and the Delegation of the European Union to Kazakhstan.

In his welcoming speech, R. Vassilenko noted the significance of 2023 for the whole world as the year of the 75th anniversary of the Universal Declaration of Human Rights, reaffirming once again the commitment of Kazakhstan, a full member of the UN, to respect fundamental human rights and freedoms. He emphasised the role of civil society in all spheres of political governance as a constructive partner of state bodies in light of the growing public activity of our citizens. Р. Vassilenko informed the participants about 76 major legislative initiatives to implement the proposals of the civil sector made on the CAB platform. Today, these recommendations are being considered by state bodies.

Saltanat Tursynbekova, the Head of the National Center for Human Rights, noted the deep legislative modernization of the national mechanism for the prevention of torture. She noted that the pre-trial investigation of crimes related to torture has been transferred to the exclusive jurisdiction of the prosecutor’s office. This ensures the objectivity and impartiality of the investigation and affirms the inevitability of punishment for arbitrariness in law enforcement. Tursynbekova also highlighted the increase in the maximum criminal penalty for torture to 12 years of imprisonment.

In turn, A. Kayirbekov, the First Deputy Committee of the Criminal Executive System of the Ministry of Internal Affairs, noted the legal and structural reforms aimed at improving the legislation. These reforms include the introduction of terminals for convicts to submit electronic appeals to the state bodies of the Republic of Kazakhstan and the UHR. A significant development was the transfer of medical care for investigators and convicts from the Ministry of Internal Affairs to the Ministry of Health, accompanied by the introduction of continuous video surveillance in penitentiary institutions, eliminating all "blind spots."

During the discussion of the first agenda item, a member of the Coordinating Council of the National Preventive Mechanism against Torture under the Commissioner for Human Rights, B. Zhakaev, raised concerns about the inconsistency of the Law of the Republic of Kazakhstan "On the procedure and conditions for detention of persons in special institutions, special rooms providing temporary isolation from society" with international obligations under the Convention against Torture. Furthermore, he pointed out the insufficient implementation of sanitary, hygienic, and anti-epidemic standards in administrative institutions. Consequently, he proposed the adoption of a codified Law that establishes a single mandatory norm on the conditions of detention for all detainees in all institutions, thereby eliminating the need for subsequent adoption of so-called by-laws.

In this context, the Deputy Director of KIBHR, R. Akylbekova, highlighted the need for a comprehensive approach to countering torture and expressed readiness for open dialogue and interaction with government agencies to develop measures to prevent torture.

The discussion of the agenda was open and constructive, with representatives of government agencies and NGOs providing practical recommendations for the systematic improvement of the legislative framework in the field of human rights.

Background: The DPHD CAB was established in 2013 at the initiative of the Ministry of Foreign Affairs of the Republic of Kazakhstan. This platform serves as an effective tool to facilitate dialogue between the Government and the civil sector. Various topical issues of human rights protection are discussed on the platform, with the participation of international organizations such as the UNDP, UN OHCHR, OSCE, and others, serving as observers.