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Tortures are like the pain of the society: impossible but necessary to treat



Last week in Almaty were leaded the totals of two years project “The fight against tortures in Central Asia”, which was financed by European commission but was realized by Freedom House – Europe and integer list of nongovernmental organizations of Kazakhstan, Kyrgyzstan and Tajikistan. Right protectors of these countries are certain that in fight against tortures have occurred the positive moving. The subject of the tortures had gained urgency in mass media as a result of active interaction of right protectors and journalists in decision of this problem of modern society, situation around which still remains complex.


We began this concern in the middle of 90th. And for us it was understandable that fight against tortures – a question of the system, – notes Evgeniy Zhovtis, the director of Kazakhstan bureau for Human Rights and Rule of Law – It concerns legislation too: insofar it corresponds to the international rate. This concerns also the instruments of the state system: efficient they are or no in fight with torture. The Bureau begins to raise these questions together with partners. We conducted the round tables, we invited the representatives of organs of authority, first of all, investigation organs – MIA, National security committee, public prosecutor’s offices to discuss this subjects. It is necessary to pay tribute that by the end of 90th the subject became recognized. The organs of authority have acknowledged that tortures – “are the journalist’s problem in decision of modern society’s problem”.


Within the framework of fight with torture right protectors of Kazakhstan supported the ratification of Convention against tortures and cruel address in 1998, and an acceptance new progressive in respect of tortures in Penal code and Penal-processing code in Republic of Kazakhstan.


In 2001 Kazakhstan for the first time in its history reported in the Committee of UNO against tortures and from 16 recommendations given to Kazakhstan big part repeated the positions, which were voiced in alternative report of Kazakhstan‘s right protectors.


The Following success in deal of the fight with torture became introduction to Penal code (PC) Article 347-1, straight provided criminal responsibility for using the tortures. In Penal-processing code (PPC) also appeared the rates (the article 116), speaking that proof got with using the torture is inadmissible.


The main event of two years period became the ratification by the Parliament of Kazakhstan and Kyrgyzstan optional protocol to Convention against tortures and other cruel, inhuman or humiliating human value type address and punishments in 2008. In accordance with this document, countries must create the national preventive mechanism – an independent organ of the observation for places where liberty of the people is limited or they are found under guards.


Earlier, at January 2008 Kazakhstan made the statement about competence’s confession of the Committee against tortures according to positions of 21st and 22nd articles meant by Convention. This signifies that Kazakh people now can apply to the committee of the UNO against tortures with the personal complaints.


For time of the project’s realization in the region’s countries were formed 765 supposed facts of the tortures, the main mass – in Kazakhstan – 586 events, in Tajikistan are fixed 92 facts, in Kyrgyzstan – 87 facts.



Voice of freedom in Central Asia




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