A/HRC/14/10
allocates more than 50 per cent of its annual State budget to education, health and social
welfare. Social and political changes have been enshrined in the Constitution, adopted
through a nationwide referendum, which recognizes and guarantees human rights and
freedoms.
9.
Kazakhstan has 10 political parties and has enhanced civil society as represented by
non-governmental organizations. There are more than 15,000 registered non-governmental
organizations, and Kazakhstan annually commissions them to provide social services worth
more than $13 million. There are more than 8,000 registered media outlets, representing a
wide range of views, and more than 85 per cent of them are non-State entities.
10.
The delegation noted that inter-ethnic and interfaith harmony is considered to be one
of Kazakhstan’s greatest achievements, and that representatives of more than 140 ethnic
groups and 45 religious denominations coexist peacefully in the country. The development
of Kazakhstan’s model of multi-ethnic society has been promoted through the
establishment of the Assembly of the People of Kazakhstan. Newspapers and magazines are
published in 11 languages, radio programmes are broadcast in 8 languages and television
programmes are broadcast in 7 languages.
11.
All people have the right to a fair and transparent judicial system. Kazakhstan has
had a jury trial system for criminal cases since 2007, and it has established specialized
courts such as administrative, economic, military and juvenile courts to improve the
efficiency of judicial proceedings. Juvenile courts carry out their functions in Almaty and
Astana, and they will soon be established in all regions. As a result of the recent changes
made to legislation, only a court can authorize an arrest.
12.
Kazakhstan has become party to most multilateral and international human rights
treaties. Kazakhstan has imposed an indefinite moratorium on the use of the death penalty,
and it is moving towards its full abolition. Kazakhstan has established an Office of the
Human Rights Ombudsman, which has extensive powers, as a central element of its
institutional protection system. A Commission on Human Rights, under the President,
works to support the head of State as a guarantor of rights and freedoms. With a view to the
further enhancement of human rights protection mechanisms, the National Human Rights
Action Plan for 2009-2012 is in the process of being implemented.
13.
With regard to the issue of torture, Kazakhstan is committed to a policy of zero
tolerance of torture. While referring to the finding of the Special Rapporteur, Manfred
Nowak, that torture in the country was “neither systematic nor widespread”, the Deputy
Prime Minister expressed the assurance that the Government would not rest until all
vestiges of torture had been fully and totally eliminated. Kazakhstan had adopted an action
plan to eradicate torture. The country has drafted a law providing for the establishment of
an independent national mechanism for the prevention of torture and, in December 2009,
adopted a law providing for a generally more humane penal system and for greater privacy
and security for convicts. Parliament is considering another draft bill that clarifies the
grounds and the procedure for arrest and detention, and public surveillance will be
permitted at pre-trial detention facilities in order to monitor detention conditions and the
treatment of detainees.
14.
In December 2009, the Supreme Court issued a normative decree setting forth a
clear procedure for courts to follow when taking decisions with regard to the infringement
of the rights of a suspect during an arrest. In particular, the Court has made clear that the
time of arrest must be immediately and precisely recorded and that the decision to detain
must be made within three hours after the arrest. The Court also set forth the grounds for
criminal liability for those who have administered or instigated torture, and established a
method for the assessment of evidence and the correct qualification of crimes in the event
of an unlawful arrest.
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