Global Integrity Report

Kazakhstan Home

Facts

Timeline

Notebook

Integrity Scorecard

2008 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	66
57	Can citizens access the reports of the ombudsman?	50

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: The Commission for Human Rights is independent in carrying out its activity.

The Representative on Human Rights has no branches in other cities of Kazakhstan.

The Ombudsmen Act has not yet been adopted in Kazakhstan.

References: Decree of the President of the Republic of Kazakhstan, Sept. 19, 2002, #947, on approval of the post of Commissioner for Human Rights (as amended as of Aug. 29, 2006)

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Decree of the President of the Republic of Kazakhstan on establishment of a post of the Ombudsman, Sept. 19, 2002, #94 7(with alterations in accordance with the state on Aug. 29, 2006)

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: Appointment to and removal from this post are made by the president.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: These reports are available at [ LINK ]. The website was active as of Dec. 3, 2008

All reports from 2003 to 2007 are available in Russian.

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The chairman of the Human Rights Commission is not independent in his activity.

There is almost no evidence showing that the chairman of the Human Rights Commission has initiated an investigation.

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: They consider the cases and work with the complaints. It is difficult to call it an investigation, because it is consists of writing requests to the prosecutor's office or to the Supreme Court.

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: They are suggested indirectly through the complaints and letters to law enforcement agencies who are responsible.

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Decree of the President of the Republic of Kazakhstan on establishment of the post of Representative of Human Rights, Sept. 19, 2002, #947 (with alterations in accordance with the state on Aug. 29, 2006)

Peer Review Comments: The annual and quarterly reports are easy to download from [ LINK ].

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: Go to the website [ LINK ]. The only charge is for Internet access.

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty

Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan

Peer Review Comments: [ LINK ]. The access is relatively cheap.