LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 2, 2013 No. 111-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning creation of the national preventive mechanism directed to the prevention of tortures and other cruel, inhuman or degrading treatment or punishment

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 23, Art. 335; 1998, No. 23, Art. 416; 2000, No. 3-4, of Art. 66; No. 6, Art. 141; 2001, No. 8, Art. 53; No. 15-16, of Art. 239; No. 17-18, of Art. 245; No. 21-22, of Art. 281; 2002, No. 4, Art. 32, 33; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 18, Art. 142; 2004, No. 5, Art. 22; No. 23, Art. 139; No. 24, Art. 153, 154, 156; 2005, No. 13, Art. 53; No. 21-22, of Art. 87; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 5-6, of Art. 31; No. 12, Art. 72; 2007, No. 1, Art. 2; No. 5-6, of Art. 40; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 12, Art. 48; No. 15-16, of Art. 62, 63; No. 23, Art. 114; 2009, No. 6-7, of Art. 32; Art. No. 15-16, 71, 73; No. 17, Art. 81, 83; No. 23, Art. 113, 115; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 4; No. 11, Art. 59; No. 17-18, of Art. 111; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; No. 6, Art. 44; No. 10, Art. 77; No. 14, Art. 93; 2013, No. 2, Art. 10, 13; The law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the Egemen Kazakhstan and Kazakhstan Truth newspapers on May 25, 2013):

the second Article 82 to add part with Item 6) of the following content:

"6) the participant of the national preventive mechanism - about the circumstances which became known to it in connection with implementation of the activities, except as specified, posing threat of homeland security.".

2. In the Penitentiary code of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 24, Art. 337; 2000, No. 6, Art. 141; No. 8, Art. 189; No. 18, Art. 339; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; No. 24, Art. 338; 2002, No. 2324, Art. 192; 2004, No. 5, Art. 22; No. 23, Art. 139, 142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; No. 20, Art. 152; 2008, No. 23, Art. 114; 2009, No. 15-16, of Art. 73; No. 24, Art. 128, 130; 2010, No. 7, Art. 28; 2011, No. 2, Art. 19; No. 19, Art. 145; No. 20, Art. 158; 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35; 2013, No. 1, Art. 2):

Table of contents to add 1) with headings of Chapter 3-1 and Articles 21-1, 21-2, 21-3, 21-4, 21-5, 21-6, 21-7, 21-8, 21-9, 21-10 and 21-11 of the following content:

"Chapter 3-1. National preventive mechanism

Article 21-1. National preventive mechanism

Article 21-2. Coordination council

Article 21-3. Requirements to participants of the national preventive mechanism

Article 21-4. Rights of participants of the national preventive mechanism

Article 21-5. Obligations of participants of the national preventive mechanism

Article 21-6. Termination of powers of the participant of the national preventive mechanism

Article 21-7. Types and frequency of preventive visits

Article 21-8. Procedure for preventive visits

Article 21-9. The annual consolidated report of participants of the national preventive mechanism

Article 21-10. Confidentiality

Article 21-11. Interaction of authorized state bodies with participants of the national preventive mechanism";

To add 2) with Chapter 3-1 of the following content:

"Chapter 3-1. National preventive mechanism

Article 21-1. National preventive mechanism

1. The national preventive mechanism is effective in the form of the system of the prevention of tortures and other cruel, inhuman or degrading treatment or punishment functioning by means of activities of participants of the national preventive mechanism.

2. Within the activities participants of the national preventive mechanism visit the organizations performing punishments (correctional facilities, pre-trial detention centers, guardrooms of garrisons, departments of garrison guardrooms), and other organizations determined by the laws of the Republic of Kazakhstan for visit by these participants (further - preventive visits).

3. Participants of the national preventive mechanism are the Commissioner for Human Rights, and also members of the public monitoring commissions and public associations performing activities for protection of the rights, legitimate interests of citizens, lawyers, social workers, doctors selected by Coordination council.

4. The Commissioner for Human Rights coordinates activities of participants of the national preventive mechanism, takes according to the legislation of the Republic of Kazakhstan measures for ensuring necessary potential and professional knowledge of participants of the national preventive mechanism.

5. Expense recovery of participants of the national preventive mechanism on preventive visits is performed from budgetary funds according to the procedure, determined by the Government of the Republic of Kazakhstan.

Article 21-2. Coordination council

1. For the purpose of ensuring effective coordination of activities of the national preventive mechanism in case of the Commissioner for Human Rights the Coordination council is created.

Members of Coordination council, except for the Commissioner for Human Rights, are elected by the commission created by the Commissioner for Human Rights from among citizens of the Republic of Kazakhstan.

2. The Commissioner for Human Rights claims:

regulations on Coordination council in case of the Commissioner for Human Rights;

procedure for selection of participants of the national preventive mechanism;

procedure for forming of groups of participants of the national preventive mechanism for preventive visits;

methodical recommendations about preventive visits;

procedure for preparation of the annual consolidated report following the results of preventive visits.

3. The coordination council interacts with Subcommittee according to the prevention of tortures and other cruel, inhuman or degrading treatment or punishment of United Nations Committee against tortures.

Article 21-3. Requirements to participants of the national preventive mechanism

1. Persons cannot be participants of the national preventive mechanism:

1) criminal record having not extinguished or not removed in the procedure established by the law;

2) suspects or persons accused of crime execution;

3) recognized as court incapacitated or it is limited by capable;

4) judges, lawyers, government employees and military personnel, and also employees of law enforcement and special state bodies;

5) staying on the registry at the psychiatrist and (or) the narcologist.

2. Persons exempted from criminal liability on not rehabilitating bases for making of intentional crime cannot be participants of the national preventive mechanism also; dismissed from the public or military service, from law enforcement and special state bodies, courts or expelled from Bar for negative motives; the deprived licenses for occupation lawyer activities.

Article 21-4. Rights of the participant of the national preventive mechanism

1. The participant of the national preventive mechanism has the right:

1) to obtain information on the number of persons containing in the organizations which are subject to preventive visit, the number of such organizations and their location;

2) to have information access, concerning the treatment of persons containing in the organizations which are subject to preventive visit and also conditions of their content;

3) to perform preventive visits in accordance with the established procedure as a part of the created groups;

4) to have talks with persons containing in the organizations which are subject to preventive visits and (or) their legal representatives without witnesses, personally or if necessary through the translator and also with any other person who, according to the participant of the national preventive mechanism, can provide the relevant information;

5) freely to choose and visit the organizations which are subject to preventive visit;

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