A/HRC/43/46/Add.1
Annex
Report of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while
countering terrorism on her visit to Kazakhstan
I. Introduction
1.
The Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin, conducted an
official visit to Kazakhstan from 10–17 May 2019 to assess its counter-terrorism laws,
policies and practices, measured against its international human rights obligations.
2.
The Special Rapporteur commends the constructive way in which the Government
facilitated her visit, enabling a frank and open dialogue on multiple issues. She particularly
thanks the Ministry of Foreign Affairs for its well-organized engagement with her mandate.
She also thanks the Office of the United Nations High Commissioner for Human Rights
(OHCHR) Regional Office for Central Asia in Bishkek for the excellent support provided
during the visit.
3.
The Special Rapporteur met with the Commissioner for Human Rights; the Deputy
Prosecutor General; the Chair of the Committee on Financial Monitoring of the Ministry of
Finance; the Chair of the Committee of the Penitentiary System of the Ministry of Internal
Affairs; the Deputy Minister of Internal Affairs; the Deputy Minister for Foreign Affairs; a
Head of Department of the National Security Committee; the Chair of the Anti-Terrorist
Centre; the Chair of the Constitutional Council; the Chair of the Judicial Panel of the
Supreme Court; the Chair of the Committee on International Affairs, Defence and Security
of the Lower Chamber of the Parliament; the Minister of Information and Public
Development; and the Deputy Minister of Justice.
4.
During her visit, the Special Rapporteur travelled to Nur-Sultan, Almaty and Aktau.
She visited Taldykorgan prison and a family centre in Kaskelen. She thanks the
Government for providing access to the Aktau “adaptation centre”, providing a unique
opportunity to meet returnees from the Syrian conflict zone, and with officials and staff
managing the centre. She also met with a wide range of civil society organizations, activists,
academics, lawyers and human rights experts, and the United Nations country team.
5.
The Special Rapporteur regrets, however, that the Ministry of Defence did not agree
to meet with her, indicating that it did not deal with counter-terrorism issues. This position
is in clear contradiction with both the national legislation providing a role for Ministry
officials in counter-terrorism operations, and the Ministry’s practice, which has previously
hosted international conferences relating to counter-terrorism.
A.
General context and legal framework
6.
The sustained economic development, infrastructure construction, urban growth and
expansive policy planning of Kazakhstan has given the country an economic platform and
an important regional and global voice. The Special Rapporteur commends the emphasis on
youth policy, employment and education in line with the United Nations Sustainable
Development Goals.
7.
Kazakhstan is an important international and regional player. It was the first Central
Asian country to be elected as a non-permanent member of the Security Council (2017–
2018). During this time, Kazakhstan developed the Code of Conduct Towards Achieving a
World Free of Terrorism. Kazakhstan is a founding member of the Shanghai Cooperation
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