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VISIT TO THE DETENTION FACILITY OF DNSC RK IN SHYMKENT

On January 17, 2022 Commissioner for Human Rights of the RK Elvira Azimova, member of the National Council of Public Trust Zhemis Turmagambetova, as well as member of the Coordinating Council of National Preventive Mechanism Shakhnoza Khassanova, chairperson of PF "Korgau-Astana" Anna Ryl, head of the DIA in Shymkent Dzhenibekov Tenizjan visited the detention facility of DNSC RK in Shymkent to meet with the detained during the emergency after the mass riots.

Interviews were conducted with temporary detainees and independent inspection of reports about ill-treatment and failure to provide medical assistance, as well as denial of access of lawyers to citizens detained and taken to the above-mentioned institutions from 6 to 17 January 2022.

According to the results of the visit to the special reception center of the PDs by the NPMM team it was found that as of January 17 of this year all citizens had undergone medical examination by specialists of the medical part of the institutions. At the time of the visit there were 125 persons in the special reception center. The prescribed treatment is carried out under the supervision of medical workers of the institutions themselves. According to medical workers, all necessary medicines and medical equipment are available in sufficient quantity.

Access to lawyers in the institutions was allowed. The system of online meetings with lawyers and relatives works as usual, and court hearings are also held. In case of restriction of access to their clients, lawyers must inform the prosecutor's office of Shymkent city.

In addition, they visited the operational control center of the Shymkent City Police Department and met with the chief, Major-General Eraly Zhumakhabetov. Issues of ensuring the public order and security of citizens in view of the consequences of mass riots that took place in Shymkent city in the period from 4 to 7 January 2022 were discussed.

There was also a meeting with Mr. Gabit Mukanov, the Prosecutor of Shymkent city with discussion of the issues of verification of all incoming signals about ill-treatment, and provision of legal assessment. There was a recommendation to provide regular access to public monitoring for citizens under arrest as a result of mass riots in order to ensure human rights and reliable and objective information to the public on the observance of the lawfulness of the measures taken.

Also, as part of this visit there were meetings with Shymkent Akim Murat Aitenov and Deputy Akim Shyngys Mukan. They discussed the general situation of Shymkent city, focusing on and increasing the number of programs aimed at working with young people in cooperation with civil society.

After all the meetings the Ombudsman and public representatives gave a press briefing on the topic: "About monitoring of National Preventive Mechanism on observance of human rights by citizens' appeals against detainees". At the briefing the results of the conducted independent inspection and statistical data on the number of detained people during the emergency in Kazakhstan were announced. In general, the Ombudsman had received 21 statements about ill-treatment during detention, unjustified detention, non-admission of lawyers before the visit to Shymkent, 18 of which were received through the participants of the National Preventive Mechanism during the special visits. Visits of special facilities will be continued by the groups of the national preventive mechanism coordinated by the Commissioner for Human Rights which already visited more than 34 special facilities and detention centers in 11 regions of the RK.

It should be reminded that the main task of the institution of the Ombudsman is not just to collect appeals and complaints, but to constantly remind law enforcement agencies about public control, to prevent further violations, and in case of receiving appeals to immediately report them.