Kazakhstan is also a party to the Single Convention on Narcotics Drugs of 1961 and its additional protocol of 1972, the Convention on Psychotropic Substances of 1971, and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. These conventions, among other things, oblige states to provide rehabilitation services for drug users and take measures to halt drug trafficking.
Due process guarantees
Articles 14 and 15 of the ICCPR ensure the right to a fair and impartial trial. Among the provisions in article 15 is protection from conviction for a crime not committed, that is, "No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed."278 The OSCE Copenhagen Document ensures these rights under article 1.5, notably, "[I]n the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law."279
Both the ICCPR and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibit torture and cruel, inhuman or degrading treatment or punishment, without exception or derogation.280 The OSCE Copenhagen Document requires participating states to "reaffirm their commitment to prohibit torture and other cruel, inhuman or degrading treatment or punishment, to take effective legislative, administrative, judicial and other measures to prevent and punish such practices, to protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and to take effective measures to prevent and punish such practices."281
Other nonbinding declarations adopted by the General Assembly of the U.N., such as the U.N. Code of Conduct for Law Enforcement Officials,282 the U.N. Body of Principles for the Protection of All Persons Under any Form of Detention and Imprisonment283 and the U.N. Standard Minimum Rules for the Treatment of Prisoners (and Procedures for Effective Implementation of the Rules),284 have also become universal norms by which police behavior is evaluated. Kazakhstan committed itself to bringing detention conditions into conformity with the two former declarations in March 2002.285
Freedom of expression
The Single Convention on Narcotics Drugs of 1961 and its additional protocol of 1972 and the Convention on Psychotropic Substances of 1971, to which Kazakhstan is a party, oblige states in articles 38 and 20, respectively, to establish rehabilitation and social reintegration services for drug users.292 The U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 obliges Kazakhstan in article 14 to "adopt appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances, with a view to reducing human suffering and eliminating financial incentives for illicit traffic."293
Although they do not have the force of international law, the United Nations Guidelines on HIV/AIDS and Human Rights are frequently used as a guide to policy and law related to HIV/AIDS. Measures to be taken with respect to prisoners are set out in paragraph 29:
The U.N. Guidelines recommend the protection of the right to confidentiality through the enactment of general confidentiality and privacy laws, and state that "HIV-related information on individuals should be included within definitions of personal/medical data subject to protection and should prohibit the unauthorized use and/or publication of HIV-related information on individuals."295 Further, public health, criminal and anti-discrimination legislation "should prohibit mandatory HIV-testing of targeted groups, including vulnerable groups."296
Further, criminal law should be reviewed in order that it not be "an impediment to measures taken by States to reduce the risk of HIV transmission among injecting drug users and to provide HIV-related care and treatment for injecting drug users."298
Article 17 protects citizens from torture, asserting that "[n]o one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity."302 Rights to freedom of expression are enshrined in article 20, which guarantees that citizens shall "have the right to freely receive and disseminate information by any means not prohibited by law."303 The Criminal Procedure Code of Kazakhstan also provides safeguards against physical mistreatment. Article 15 states that:
274 Article 49 of the Human Rights Committee Annual Report to the U.N. General Assembly, U.N. Doc. A/49/40 vol. 1 (1994) [online], http://www1.umn.edu/humanrts/hrcommittee/hrc-annual94.htm. (retrieved January 14, 2002).
275 International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976, article 9(1).
276 The Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, signed in Copenhagen on June 29, 1990, article 1.5(5.15). Habeas corpus is also guaranteed under article 9(3-4) of the ICCPR.
277 Universal Declaration of Human Rights, adopted and proclaimed by United Nations General Assembly resolution 217 A (III) on 10 December 1948.
278 ICCPR, article 15(1).
279 Article 1.5(5.16). Further provisions of article 1.5 guarantee that "[A]ny person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assistance, to be given it free when the interests of justice so require," and "no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision." Article 1.5(5.17-5.18).
280 ICCPR, article 7, and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 1.
281 The OSCE Copenhagen Document, article 16(16.1).
282 General Assembly of the United Nations, Resolution 34/169, December 17, 1979.
283 General Assembly of the United Nations, Resolution 43/173, December 9, 1988.
284 Economic and Social Council of the United Nations, Resolution 663 C(XXIV) of July 31, 1957 and 2076(LXII), May 13, 1977.
285 Statement by H.E. Mr. Kassymzhomart Takayev, Secretary of State-Minister of Foreign Affairs of the Republic of Kazakhstan at the 58th Session of the UN Commission on Human Rights (March 19, 2002, Geneva), [online], http://www.mfa.kz/english/st_190302.htm (retrieved January 18, 2003).
286 ICCPR, article 19(2).
287 The OSCE Copenhagen Document, article 9(1).
288 ICCPR, article 2(1).
289 See Commission on Human Rights, "The Protection of Human Rights in the Context of Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)" (Resolution 1995/44, adopted without a vote, March 3, 1995).
290 UDHR, article 25(1).
291 International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976, article 12.
292 Single Convention on Narcotics Drugs of 1961, as last amended by Protocol of March 25 1972 at Geneva Trb. 1980,184, and the Convention on Psychotropic Substances of 1971, G.A. Assembly res. 366 (IV) of 3 December 1949.
293 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, G.A. res. 39/141 of 14 December 1984, article 14.
294 Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS, "HIV/AIDS and Human Rights International Guidelines" (from the second international consultation on HIV/AIDS and human rights, 23-25 September 1996, Geneva), U.N. Doc. HR/PUB/98/1, Geneva, 1998, par. 29(e).
295 Ibid., article 30(c).
296 Ibid., article 30(j).
297 Ibid., article 44(b).
298 Ibid., article 29(d).
299 Konstitutsia Respubliki Kazakhstan [The Constitution of the Republic of Kazakhstan], August 30, 1995, article 14(2), [online], http://www.pavlodar.com/zakon/index.html?dok=00004&uro=08014 (retrieved January 23, 2003).
300 Ibid., article 16(2).
301 Ibid., article 16(3).
302 Ibid., article 17(2).
303 Ibid., article 20(2).
304 Ugolovno-protsessual'ny kodeks respubliki Kazakhstan [Criminal Procedure Code of the Republic of Kazakhstan], December 13, 1997, No. 206-1, article 15(3), [online], http://pavlodar.com/zakon/index.html?dok=00147&uro=08015 (retrieved January 23, 2002).