On the ratification of the International Covenant on Civil and Political Rights

Home / RLA / On the ratification of the International Covenant on Civil and Political Rights

The Law of the Republic of Kazakhstan dated November 28, 2005 No. 91.

To ratify the International Covenant on Civil and Political Rights, signed in New York on December 16, 1966.

President

Republic of Kazakhstan

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (New York, December 16, 1966)

(Entered into force on April 24, 2006 -

Bulletin of International Treaties of the Republic of Kazakhstan,

2006, No. 4, article 30)

See also: The Syracuse Principles for the Interpretation of Limitations and Derogations from the Provisions of the International Covenant on Civil and Political Rights. UN document E/CN, 4/1985/4. Appendix (1985)

organization

THE UNITED NATIONS

1967

The States parties to the present Covenant ,

Bearing in mind that, in accordance with the principles proclaimed by the Charter of the United Nations, recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and universal peace,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, according to the Universal Declaration of Human Rights, the ideal of a free human person enjoying civil and political freedom and freedom from fear and want can be realized only if conditions are created in which everyone can enjoy their economic, social and cultural rights, as well as their civil and political rights,

Bearing in mind that, according to the Charter of the United Nations, States have an obligation to promote universal respect for and observance of human rights and freedoms,

Bearing in mind that each individual, having responsibilities towards other people and the collective to which he belongs, must strive to promote and respect the rights recognized in the present Covenant,

agree on the following articles:

PART I

Article 1

1. All peoples have the right to self-determination. By virtue of this right, they freely determine their political status and freely ensure their economic, social and cultural development.

2. All peoples can freely dispose of their natural wealth and resources in order to achieve their goals, without prejudice to any obligations arising from international economic cooperation based on the principle of mutual benefit and international law. In no case can any nation be deprived of its means of subsistence.

3. All States Parties to the present Covenant, including those responsible for the administration of Non-Self-Governing and Trust Territories, should, in accordance with the provisions of the Charter of the United Nations, promote and respect the exercise of the right to self-determination.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin origin, property status, birth, or other circumstances.

2. Unless already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary measures, in accordance with its constitutional procedures and the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary for the realization of the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To provide any person whose rights and freedoms recognized in the present Covenant have been violated with an effective remedy, even if the violation has been committed by persons acting in an official capacity;

(b) Ensure that the right to legal protection for any person claiming such protection is established by the competent judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, and develop judicial protection opportunities;

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights provided for in the present Covenant.

Article 4

1. During a state of emergency in which the life of the nation is in danger and the existence of which is officially declared, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant only to the extent required by the urgency of the situation, provided that such measures are not incompatible with their obligations under the present Covenant. other obligations under international law

and they do not discriminate solely on the basis of race, skin color, gender, language, religion or social origin.

2. This provision cannot serve as a basis for any derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18.

3. Any State Party to the present Covenant exercising the right of derogation shall immediately inform the other States Parties to the present Covenant, through the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons leading to such a decision. A notification must also be made through the same intermediary about the date on which it terminates such withdrawal.

Article 5

1. Nothing in the present Covenant may be interpreted as meaning that any State, group or individual has the right to engage in any activity or to commit any act aimed at the destruction of any rights or freedoms recognized in the present Covenant, or at their limitation to a greater extent than is provided for in the present Covenant.

2. No restriction or diminution of any fundamental human rights recognized or existing in any State party to the present Covenant by virtue of law, conventions, rules or customs shall be permitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The right to life is an inalienable right of every human being. This right is protected by law. No one can be arbitrarily deprived of his life.

2. In countries that have not abolished the death penalty, death sentences may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime, which does not contradict the provisions of the present Covenant and the Convention on the Prevention and Punishment of the Crime of Genocide. This punishment can only be carried out in pursuance of a final verdict passed by a competent court.

3. When deprivation of life constitutes the crime of genocide, it should be borne in mind that nothing in this article entitles States parties to the present Covenant to derogate in any way from any obligations assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone who is sentenced to death has the right to request a pardon or commutation of sentence. Amnesty, pardon, or commutation of the death sentence may be granted in all cases.

5. The death penalty shall not be imposed for crimes committed by persons under the age of eighteen and shall not be carried out against pregnant women.

6. Nothing in this article may serve as a basis for postponing or preventing the abolition of the death penalty by any State party to the present Covenant.

Article 7

No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no person should be subjected to medical or scientific experiments without his free consent.

Article 8

1. No one should be held in slavery; slavery and the slave trade are prohibited in all their forms.

2. No one should be held in servitude.

3. (a) No one should be forced to perform forced or compulsory labor;

(b) In those countries where imprisonment with hard labor may be imposed as a punishment for a crime, paragraph 3 (a) is not considered an obstacle to the performance of hard labor by a verdict of the competent court that imposed such punishment.;

(i) Any work or service not mentioned in subparagraph (b), which, as a rule, must be performed by a person who is in custody on the basis of a lawful court order, or a person conditionally released from such detention;

(ii) Any military service, and in those countries where refusal of military service for political or religious or ethical reasons is recognized, any service provided by law for persons who refuse military service for such reasons.;

(iii) Any service required in cases of emergency or disaster threatening the life or well-being of the population.;

iv) any kind of work or service that is part of ordinary civic duties.

Article 9

1. Everyone has the right to freedom and personal inviolability. No one may be subjected to arbitrary arrest or detention. No one shall be deprived of liberty except on such grounds and in accordance with such procedure as are prescribed by law.

2. Upon arrest, each arrested person is informed of the reasons for his arrest and any charges against him are promptly notified.

3. Every person arrested or detained on criminal charges shall be promptly brought before a judge or other official who has the right to exercise judicial power under the law and has the right to be tried within a reasonable time or to be released. The detention of persons awaiting trial should not be a general rule, but release may be conditional on the provision of guarantees of attendance at the trial, attendance at the trial at any other stage, and, if necessary, attendance for the execution of the sentence.

4. Anyone who is deprived of his liberty as a result of arrest or detention has the right to have his case heard in court, so that this court can immediately rule on the legality of his detention and order his release if the detention is unlawful.

5. Anyone who has been a victim of unlawful arrest or detention is entitled to enforceable compensation.

Article 10

1. All persons deprived of their liberty have the right to humane treatment and respect for the inherent dignity of the human person.

2. a) Accused persons, in cases where there are no exceptional circumstances, are placed separately from convicted persons and are provided with a separate regime corresponding to their status as non-convicted persons.;

(b) Accused minors are separated from adults and brought to court as soon as possible for adjudication.

3. The penitentiary system provides for a regime for prisoners, the essential purpose of which is their correction and social re-education. Juvenile offenders are separated from adults and are provided with a regime appropriate to their age and legal status.

Article 11

No one can be deprived of liberty on the sole ground that he is unable to fulfill any contractual obligation.

Article 12

1. Everyone who is lawfully located on the territory of a State has, within that territory, the right to free movement and freedom to choose their place of residence.

2. Everyone has the right to leave any country, including their own.

3. The above-mentioned rights may not be subject to any restrictions other than those provided for by law, necessary for the protection of State security, public order, public health or morals, or the rights and freedoms of others and

They are compatible with other rights recognized in the present Covenant.

4. No one may be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully present in the territory of a State Party to the present Covenant may be expelled only in pursuance of a decision rendered in accordance with law, and if imperative national security considerations do not

If they require otherwise, they have the right to present arguments against their expulsion, to have their case reviewed by the competent authority or by a person or persons specially appointed by the competent authority, and to be represented before that authority by a person or persons for this purpose.

Article 14

1. All persons are equal before courts and tribunals. Everyone has the right, when considering any criminal charge against him or when determining his rights and obligations in any civil proceeding, to a fair and public hearing by a competent, independent and impartial court established by law. The press and the public may not be allowed to attend all or part of the trial for reasons of morality, public order or national security in a democratic society, or when the interests of the private lives of the parties so require, or - to the extent strictly necessary in the opinion of the court - in special circumstances where publicity would violate the interests of justice; however, any judicial

A ruling on a criminal or civil case must be public, except in cases where the interests of minors require otherwise or when it comes to matrimonial disputes or custody of children.

2. Everyone accused of a criminal offense has the right to be presumed innocent until proven guilty in accordance with the law.

3. Everyone has the right, when considering any criminal charge against him, to at least the following guarantees on the basis of full equality::

a) be informed promptly and in detail, in a language he understands, of the nature and basis of the charge against him;

b) have sufficient time and opportunities to prepare his defense and communicate with a defense attorney of his own choosing;

c) be tried without undue delay;

(d) To be tried in his presence and to defend himself personally or through a lawyer of his own choosing; if he does not have a lawyer, to be informed of this right and to have a lawyer assigned to him in any case where the interests of justice so require,

free of charge for him in any such case, when he does not have enough funds to pay for this defender.;

(e) To question or have the right to have witnesses who testify against him questioned, and to have his witnesses called and questioned under the same conditions as those for witnesses who testify against him;

f) to use the free assistance of an interpreter if he does not understand or does not speak the language used in court.;

(g) Not to be forced to testify against oneself or to plead guilty.

4. In the case of minors, the process should be such that their age and the desirability of facilitating their re-education are taken into account.

5. Anyone convicted of any crime has the right to have his conviction and sentence reviewed by a higher court in accordance with the law.

6. If a person has been convicted of a criminal offence by a final decision and if the sentence imposed on him has subsequently been overturned or he has been granted a pardon on the grounds that some new or newly discovered circumstance indisputably proves the existence of a judicial error, that person who has been punished as a result of such conviction shall receive compensation in accordance with the law, unless proven,

that the specified unknown circumstance was not discovered at the time solely or partly through his fault.

7. No one should be tried or punished a second time for a crime for which he has already been definitively convicted or acquitted in accordance with the law and criminal procedure law of each country.

Article 15

1. No one may be found guilty of committing any criminal offence as a result of any act or omission which, according to the domestic legislation or international law in force at the time of its commission, did not constitute a criminal offence. Similarly, no heavier punishment may be imposed than that which was to be applied at the time of the commission of the criminal offence. If, after the commission of a crime, the law establishes a lighter punishment, this law applies to this criminal.

2. Nothing in this article shall prevent the prosecution and punishment of any person for any act or omission that, at the time of its commission, constituted a criminal offence in accordance with the general principles of law recognized by the international community.

Article 16

Everyone, wherever they are, has the right to have their legal personality recognized.

Article 17

1. No one may be subjected to arbitrary or unlawful interference in his personal and family life, arbitrary or unlawful attacks on the inviolability of his home or the secrecy of his correspondence, or unlawful attacks on his honor and reputation.

2. Everyone has the right to the protection of the law from such interference or such encroachments.

Article 18

1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to have or adopt a religion or beliefs of one's choice and freedom, either alone or in community with others, in public or private, to practice one's religion or beliefs in worship, religious and ritual practices, and teaching.

2. No one should be subjected to coercion that impairs their freedom to have or adopt a religion or beliefs of their choice.

3. Freedom to profess religion or beliefs is subject only to restrictions established by law and necessary to protect public safety, order, health and morals, as well as the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to respect the freedom of parents and, where appropriate, legal guardians to ensure the religious and moral education of their children in accordance with their own beliefs.

Article 19

1. Everyone has the right to freely adhere to their opinions.

2. Everyone has the right to freedom of expression; this right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, orally, in writing or through print or artistic forms of expression, or by other means of their choice.

3. The exercise of the rights provided for in paragraph 2 of this article imposes special duties and special responsibilities. It may, therefore, be subject to certain restrictions, which, however, must be established by law and be

necessary:

a) to respect the rights and reputations of others,

b) for the protection of national security, public order, public health or morals.

Article 20

1. Any propaganda of war should be prohibited by law.

2. Any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility, or violence must be prohibited by law.

Article 21

The right to peaceful assembly is recognized. The exercise of this right is not subject to any restrictions other than those imposed in accordance with the law and which are necessary in a democratic society in the interests of State or public safety, public order, the protection of public health and morals, or the protection of the rights and freedoms of others.

Article 22

1. Everyone has the right to freedom of association with others, including the right to form and join trade unions to protect their interests.

2. The exercise of this right is not subject to any restrictions other than those provided for by law and which are necessary in a democratic society in the interests of State or public safety, public order, the protection of public health and morals, or the protection of the rights and freedoms of others. This article does not prevent the introduction of legal restrictions on the exercise of this right for members of the armed forces and the police.

3. Nothing in this article shall entitle States Parties to the 1948 International Labour Organization Convention on Freedom of Association and Protection of the Right to Organize to adopt legislation to the detriment of the guarantees provided for in the said Convention or to apply the law in such a way as to prejudice those guarantees.

Article 23

1. The family is the natural and basic unit of society and has the right to protection from society and the State.

2. Men and women who have reached the age of marriage are recognized as having the right to marry and the right to found a family.

3. No marriage may be entered into without the free and full consent of those entering into marriage.

4. The States Parties to the present Covenant must take appropriate measures to ensure equality of rights and obligations of spouses with regard to marriage, during marriage and at its dissolution. In case of divorce, the necessary protection of all children should be provided.

Article 24

1. Every child, without any discrimination based on race, skin color, sex, language, religion, national or social origin, property status or birth, has the right to such protection measures as are required by his family, society and the State in his position as a minor.

2. Every child must be registered immediately after birth and must have a name.

3. Every child has the right to acquire citizenship.

Article 25

Every citizen should have, without any discrimination mentioned in article 2 and without unreasonable restrictions, the right and opportunity to:

a) to participate in the conduct of public affairs both directly and through freely chosen representatives;

(b) To vote and be elected in genuine periodic elections conducted on the basis of universal and equal suffrage by secret ballot and ensuring the free expression of the will of the electors;

Article 26

All people are equal before the law and have the right, without any discrimination, to equal protection of the law. In this regard, any kind of discrimination should be prohibited by law, and the law should guarantee all persons equal and effective protection against discrimination based on any ground, such as race, skin color, gender, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances.

Article 27

In those countries where ethnic, religious and linguistic minorities exist, persons belonging to such minorities cannot be denied the right, together with other members of the same group, to enjoy their culture, profess their religion and perform its rituals, as well as to use their native language.

PART IV

Article 28

1. A Human Rights Committee (hereinafter referred to in the present Covenant as the Committee) shall be established. It consists of eighteen members and performs the functions described below.

2. The Committee shall be composed of persons who are nationals of States parties to the present Covenant and possess high moral character and recognized competence in the field of human rights, taking into account the usefulness of participation.

several persons with legal experience.

3. The members of the Committee are elected and serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons meeting the requirements provided for in article 28 and nominated for this purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate no more than two persons. These persons must be citizens of the nominating State.

3. Any person has the right to be re-nominated.

Article 30

1. The initial elections shall be held no later than six months after the date of entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than elections to fill vacancies declared open in accordance with article 34, the Secretary-General of the United Nations shall send a written invitation to the States Parties to the present Covenant to submit nominations for members of the Committee within three months.

3. The Secretary-General of the United Nations shall draw up a list in alphabetical order of all persons so nominated, indicating the States Parties to the present Covenant that have nominated these persons, and shall submit this list to the States Parties to the present Covenant no later than one month before the date of each election.

4. The members of the Committee shall be elected at a meeting of the States parties to the present Covenant, convened by the Secretary-General of the United Nations at United Nations Headquarters. At this meeting, for which the quorum is the presence of two thirds of the States Parties to the present Covenant, the persons elected to the Committee shall be those whose nominations receive the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting.

Article 31

1. The Committee may not include more than one citizen of the same State.

2. When electing the Committee, the equitable geographical distribution of members and the representation of various forms of civilization and major legal systems are taken into account.

Article 32

1. The members of the Committee are elected for a four-year term. They have the right to be re-elected if they are re-nominated. However, the term of office of nine of those members elected at the first election shall expire at the end of a two-year period; immediately after the first election, the names of these nine members shall be determined by lot by the Chairman of the meeting referred to in paragraph 4 of article 30.

2. After the expiration of the term of office, elections shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, any member of the Committee has ceased to perform his functions for any reason other than temporary absence, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who

then declares the seat of this member vacant.

2. In the event of the death or resignation of any member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or from the date on which the resignation

becomes valid.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months after the vacancy is declared, the Secretary-General of the United Nations shall notify each State Party to the present Covenant, which may, within two months, submit a candidate in accordance with article 29 for filling this vacancy.

2. The Secretary-General of the United Nations shall draw up a list of the persons so nominated in alphabetical order and submit the list to the States Parties to the present Covenant. Elections to fill the vacancy shall then be held in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill the vacancy declared in accordance with article 33 shall hold office for the remainder of the term of office of the member who

vacated a seat on the Committee, in accordance with the provisions of the said article.

Article 35

The members of the Committee shall receive remuneration from United Nations funds approved by the General Assembly of the United Nations, in accordance with the procedure and conditions established by the General Assembly, taking into account the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee in accordance with the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the first meeting of the Committee at United Nations Headquarters.

2. After its first meeting, the Committee shall meet at such time as is provided for in its rules of procedure.

3. The Committee shall normally meet at United Nations Headquarters or the United Nations Office at Geneva.

Article 38

Before assuming his duties, each member of the Committee shall make a solemn declaration at an open meeting of the Committee that he will perform his functions impartially and in good faith.

Article 39

1. The Committee shall elect its officers for a two-year term. They can be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules should, in particular, provide that

(a) Twelve members of the Committee shall form a quorum;

(b) Decisions of the Committee shall be adopted by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have taken to give effect to the rights recognized in the present Covenant and on the progress made in the enjoyment of those rights.:

a) Within one year after the entry into force of the present Covenant in respect of the States Parties concerned;

(b) Thereafter, whenever the Committee so requests.

2. All reports are submitted to the Secretary-General of the United Nations, who forwards them to the Committee for consideration. The reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations, after consultation with the Committee, may send to the specialized agencies concerned copies of such parts of the reports as may fall within their competence.

4. The Committee shall examine reports submitted by States Parties to the present Covenant. It shall transmit to the States Parties its reports and such general comments as it deems appropriate. The Committee may also transmit these observations to the Economic and Social Council, together with copies of the reports it has received from the States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee their views on any observations that may be made in accordance with paragraph 4 of this article.

Article 41

1. In accordance with this article, a State Party to the present Covenant may at any time declare that it recognizes the competence of the Committee to receive and consider communications alleging that another State Party is not fulfilling its obligations under the present Covenant. Communications provided for in this article may be received and considered only if they are submitted by a State Party that has made a declaration recognizing the competence of this Committee. The Committee does not accept any communications if they relate to a State Party that has not made such a declaration. Communications received pursuant to this article shall be considered in accordance with the following procedure:

(a) If a State Party to the present Covenant finds that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of the said State Party. In

Within three months of receiving the communication, the receiving State shall submit in writing to the sending State an explanation or any other explanatory statement on the matter, which should contain, as far as possible and appropriate, an indication of the internal procedures and measures that have been taken, will be taken or may be taken on the matter.

(b) If the matter has not been resolved to the satisfaction of both States Parties concerned within six months of receipt by the receiving State of the initial communication, either State has the right to refer the matter to the Committee, notifying the Committee and the other State accordingly.

(c) The Committee shall consider the matter referred to it only after it has ascertained that, in accordance with generally accepted principles of international law, all available domestic remedies have been tried and exhausted in the given case. This rule is not

It applies in cases where the use of these funds is unreasonably prolonged.

(d) When considering communications provided for in this article, the Committee shall hold closed meetings.

f) Subject to the provisions of subparagraph (c), the Committee shall provide its good offices to the States Parties concerned with a view to resolving the issue amicably on the basis of respect for human rights and fundamental freedoms recognized in the present Covenant.

(f) With regard to any matter referred to it, the Committee may request the interested States Parties referred to in subparagraph (b) to provide any relevant information.

(g) The interested States Parties referred to in subparagraph (b) shall have the right to be represented when the matter is being considered by the Committee and to make representations orally and/or in writing.

(h) The Committee shall submit, within twelve months from the date of receipt of the notification in accordance with subparagraph b Report:

i) If a solution is reached within the framework of the provisions of subparagraph (e), the Committee shall limit its report to a summary of the facts and the solution reached.

ii) If no solution has been reached within the framework of the provisions of subparagraph (e), the Committee shall limit its report to a summary of the facts; written submissions and a record of oral submissions made by the States Parties concerned shall be attached to the report.

A report on each issue is transmitted to the States Parties concerned.

2. The provisions of this article shall enter into force when ten States Parties to the present Covenant have made a declaration in accordance with paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. The application may be withdrawn at any time by notification to the Secretary General. Such action shall not preclude the consideration of any matter that is the subject of a communication already transmitted in accordance with this article.; No subsequent communications from any State Party shall be accepted after the Secretary-General has received notification of withdrawal of the declaration, unless the State Party concerned has made a new declaration.

Article 42

1. (a) If any matter referred to the Committee in accordance with article 41 has not been resolved to the satisfaction of the States Parties concerned, the Committee may, with

With the prior consent of the Participating States concerned, appoint a special Conciliation commission (hereinafter referred to as the "Commission"). The good offices of the Commission shall be provided to the States Parties concerned in order to resolve the matter amicably on the basis of compliance with the provisions of the present Covenant.;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the Participating States concerned do not reach agreement within three months on the entire composition or part of the composition of the Commission, those members

Commissions whose appointment has not been agreed upon are elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall perform their duties in their personal capacity. They must not be nationals of the States Parties concerned, or of a State not party to the present Covenant, or of a State Party that has not made a declaration in accordance with article 41.

3. The Commission shall elect its Chairman and establish its own rules of procedure.

President

Republic of Kazakhstan

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