Kazakhstan demonstrated readiness for open interaction with Human Rights activists

Kazakhstan still faces the fallout from recent violent protests but a
planned reform package promises “much for the future.”

That was the key message to emerge from a rare visit to Brussels by
Elvira Azimova, the Ombudswoman of Kazakhstan.

She visited to meet members of two European parliament committees – foreign
affairs and the human rights subcommittee – to discuss the January riots
in the country.

MEPs had requested a meeting to discuss their concerns about the unrest –
and an update on the reforms planned by the country’s government.

The official later gave a presentation at the Brussels press club where she
conceded that protests “shook the Kazakh society” saying “the integrity and
stability of the country and society were threatened.”

She told this website she faced a “very difficult” job overseeing human
rights in the country but was encouraged by the planned reforms, saying the
package offers real hope and that she hopes both she and civil society are
fully involved.

In her address she said that over the past two years, Kazakhstan has stated
a number of political and legal initiatives, including a law providing for
lowering the threshold for entering the Mazhilis for political parties from
7 to 5%, fixing the column "against all" in the ballot papers for elections
at all levels.

The Government's Plan for Priority Actions in the Field of Human Rights
was, she told the audience, also adopted.

“For the first time, direct elections were held for more than 50% of akims
(mayors) of rural districts. At the level of law, a 30% quota for women and
youth was fixed in the distribution of MPs mandates.”

This quota includes people with special needs.

Progress in the human rights sphere was marked, she noted, by the adoption
of two laws - on the institution of the Commissioner for Human Rights and
the complete abolition of the death penalty.

To promote initiatives in the human rights sphere, a Presidential decree
was adopted on the main areas of work in this area, including ensuring the
rights of victims of human trafficking and elimination of discrimination
against women.

Currently, in order to eliminate discrimination against women, the List of
Works Restricted to Women has been abolished, she said.

The criteria for assessing the presence of ill-treatment that led to social
exclusion and deprivation have also been improved.

On March 16, the Kazak President announced a number of political
initiatives, including the final transition from a super-presidential
republic to a presidential one with a strong parliament; a ban on the next
of kin of the President to occupy high positions and the President, members
of the Constitutional Council, Accounts Committee, heads of local
representative bodies (akims) and their deputies will no longer be members
of any parties.

She also outlined the progress of the investigation into the January unrest
when 1,000 people were detained in connection with criminal charges. Today,
745 citizens continue to be in custody, of which 451 citizens are held in
connection with participation in mass riots.

“The Ombudswoman, independent public commissions headed by reputable
lawyers, closely cooperated with the prosecutor's office, openly expressed
and defended their positions,” she commented.

Such work, she argued, “showed the transparency and democratic nature of
the investigative process, allowing each appeal, each complaint to be
approached individually.”

As a result, it was possible to significantly reduce the risks of wrongful
sentences, she noted.

“Such a practice of open cooperation between civil society and authorized
bodies should, in my opinion, take root firmly in our country.”

From January 5 to January 19, 133 monitoring of pre-trial detention centers
and temporary detention facilities throughout the country were carried out
with particular attention paid to 8 cities, where the largest number of
detainees and reports of violations were recorded.

Independent monitoring included not only meetings with the detainees, but
also meetings with their relatives, negotiations with the leadership of the
prosecutor's office, police and akimats.

“It should be noted,” said the ombudswoman, “that law enforcement
agencies, in particular the prosecutor's office, have demonstrated their
readiness for open interaction with human rights activists.”

She said, “This is notable progress.”

The main nature of the appeals range from unjustified detention and failure
to provide timely and high-quality legal assistance to lack of information
about the whereabouts of the detainees and use of unlawful methods of
investigation.

The Kazak law on the state of emergency allows the Commandant to determine
additional places of detention for detainees who have violated the state of
emergency. At the same time, the norm does not cancel the obligation to
comply with minimum standards for the treatment of prisoners.

She told the audience there were reports of problems in the additionally
used premises with access to drinking water, food and the lack of necessary
equipment for the stay of detainees.

“It must be admitted that detention was the prevailing solution for the
prevention of riots.”

She added, “Taking into account our appeals, appeals from relatives and
lawyers, according to the results of a prosecutor's check, 302 citizens
were released from temporary detention centers and special premises.”

She went on, “It is necessary to accelerate the revision of approaches to
the appointment of preventive measures for violations in the form of
restriction of freedom, taking into account the state of health of the
detainee, arrested person and convicted person.”

“Unfortunately, the current law on the state of emergency also does not
provide for a clear scenario for the work of the information and social
service. In connection with the January events, we received requests from
citizens with a request to establish the place of detention of detained
relatives.”

The absence of the Internet until January 10 exacerbated the situation,
according to the official.

“Taking into account the January events, we propose to include in the list
of citizens entitled to receive state-guaranteed legal assistance victims
of torture and other types of ill-treatment, degrading, as well as
low-income citizens whose income is below the subsistence level.”

Out of 137 appeals from citizens and human rights activists addressed to
her, 86 appeals concern ill-treatment of detainees.

“At present, it is fundamentally important not to delay the investigation
of cases of unlawful methods of detention and investigation.”

One of the initiatives in the field of human rights, announced by the Kazak
President, is the issue of toughening responsibility for torture and other
types of cruel, degrading and ill-treatment.

“No less important,” she believes “is the question of the openness of the
forthcoming trials and the participation of independent observers in them.”

In the protests more than 4,000 people were injured: 1,000 civilians and
more than 3,000 law enforcement officers. More than 230 people died.

There were seizures and arson of buildings, seizure of weapons, theft, and
attacks. The use of weapons and special means was by law enforcement
agencies and civilians.

She concluded, “Society requires an objective legal assessment and
punishment of those responsible. It is necessary to develop a package of
measures to prevent mass violations, support humanitarian activities and
increase access to protection, including in connection with detention, the
use of special means and weapons.”

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