Pressing for Reform at Kazakhstan Universal Periodic Review

The UN Human Rights Council's Universal Periodic Review of Kazakhstan—a high-level peer review by fellow states—took place on February 12, 2010. The Justice Initiative together with the Kazakhstan Coalition against Torture, Human Rights Watch, and other partners organized an event alongside the session, highlighting key concerns and recommendations for critical criminal justice reforms, specifically on torture and fair trial procedure, which were also formally submitted to the UPR. The groups raised violations of fair trial procedure in the case of Evgeniy Zhovtis as well.

During the official review, members of the UN Human Rights Council and observer states reiterated all priority anti-torture recommendations. These called on Kazakhstan to: ensure appropriate penalties for the crime of torture and apply a zero-tolerance approach; adopt strict safeguards so that no statement obtained through torture can be used in court; create an effective mechanism to investigate torture complaints; create a National Preventive Mechanism.

Additional recommendations highlighted the need to improve prison conditions, limit the power of public prosecutors, provide defendants full access to legal counsel, guarantee judicial independence, and ensure fair trials.

The Kazakh delegation declared that it supports, has already implemented, or is in the process of implementing the anti-torture recommendations. It also stated that it will eradicate torture by 2013. The Justice Initiative plans to have more in-depth discussions with the Kazakh government about how it will implement these recommendations, and the UPR process provides a useful framework for anti-torture advocacy at the national level going forward.