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About PRI| FEATURE: public monitoring in places of detention in Kazakhstan |
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August 2007 By their very nature, prisons are closed institutions; sealed off from the public gaze. As such, they provide the perfect environment for torture, ill treatment and other human rights violations to take place without being detected or challenged. Independent public monitoring of prison facilities, therefore, presents a vital tool in ensuring that conditions of detention and the treatment of prisoners are compliant with international human rights standards. PRI’s support of public monitoring in Kazakhstan proves that transparency and accountability can be achieved even in the most closed institutions. Independent prison monitoring in Kazakhstan dates back to 1998, when local NGOs first began monitoring prisons within the Pavlodar and Almaty regions. However, it was not until legislative reforms were introduced by the government in 2004 that public monitoring of places of detention received official nationwide recognition and support. Following amendments to the penal code, a national framework for prison monitoring was established to allow for the creation of independent Public Monitoring Boards (PMBs) in every region throughout Kazakhstan. Regional prison authorities are now obliged to permit independent monitoring and inspection of all prison facilities under their control. The regional PMBs comprise between five and nine members of the public who typically include NGO representatives, teachers, lawyers and health professionals, as well as other individuals with either a personal or professional interest in prison monitoring. Between two and three members undertake prison visits in accordance with a pre-determined schedule, arranged and agreed with the regional prison authorities. The number of visits undertaken by each PMB depends largely on the number of prisons in their region, ranging from monthly to quarterly visits. Although they are usually scheduled in advance, visits may also be undertaken at short notice, sometimes at the request of the prison authorities themselves. The PMB then produces an observation report and recommendations to be presented to the regional prison authorities. PRI has been supporting the establishment of Public Monitoring Boards in Kazakhstan since 2003. As part of a project funded by the UK Foreign and Commonwealth Office (FCO), PRI has provided training and expertise to local organisations involved in the creation of regional PMBs. It has also helped establish a national monitoring network to facilitate communication and coordination between each of the boards. At the wider level, PRI has been working with the media to raise public awareness of torture and ill treatment in places of detention in order to increase popular support and understanding of public monitoring. It has also undertaken advocacy at the regional and national level to increase awareness and support for public monitoring within the relevant government ministries and prison authorities. The activities and recommendations produced by the PMBs have already led to tangible improvements in prison facilities throughout Kazakhstan. In the Pavlodar region, trained psychologists are now on site in all prisons, as are lawyers offering free legal aid services. Phones have also been installed to enable prisoners to have increased contact with their families. In the Almaty region, inmates at the women’s prison are now able to access distance learning courses. And in the Akmola region, recommendations from the PMB have resulted in the refurbishment or closure of prison cells that fall below international standards. More generally, members of the PMBs have successfully raised awareness of human rights and international human rights standards among prison staff and other criminal justice professionals charged with the care of prisoners and detainees. Training sessions, events and practical resources have been offered to staff and have been met with a positive and enthusiastic response. However, considerable challenges remain. At a recent roundtable meeting focusing on public oversight and the prevention of torture in places of detention, reports of ongoing human rights violations were discussed extensively. Excessive use of isolation, high incidents of self-harm within the prison population, and conditions of detention in temporary detention facilities were just a few of the issues raised. Moreover, PRI and other organisations have expressed their deep concern regarding recent legislative changes which allow for additional criminal punishment for prisoners who self-harm; the re-introduction of mandatory HIV testing; and the supervision of early-release prisoners by law-enforcement bodies. These legislative amendments were some of main triggers for a series of recent disturbances in prisons throughout the country. The slow implementation of recommendations from the UN Committee against Torture - following the ratification of the UN Convention against Torture by Kazakhstan in 2000 - remains an ongoing concern for local and international NGOs. Only three of the 16 recommendations produced in 2001 have so far been implemented. Public monitoring of police cells and pre-trial detention facilities has yet to be officially approved by the government. Similarly, consensus on ad hoc visits to prisons and other places of detention has not been achieved, despite on-going negotiations between PRI and the Central Prison Committee. The high turnover of prison staff means that the long term impact of human rights training provided by the PMBs is limited in reach. In spite of this, the mood is optimistic. As PRI’s Regional Director for Central Asia reports, ‘We are now receiving indications from the Ministry of Interior that they would like to pilot public monitoring of police cells and pre-trial detention facilities in 2008. We are really encouraged by this development as it is something PRI and our regional partners have campaigned on for a long time. Increasing public oversight of these facilities will not only increase human rights protection, it will also increase public confidence in our justice system. We look forward to working with the Ministry to support the legislative amendments and creation of pilot projects.’ Further information |
