CAT/OP/KAZ/1/Add.1 110. If the detainee does not speak Kazakh or Russian or cannot adequately understand the explanation of his or her rights at the time of the arrest due to intoxication with alcohol, drugs or other substances, or has a psychosomatic disorder, the rights of the suspect are explained in the presence of an interpreter, where necessary, and/or a lawyer before the start of the interrogation as a suspect, and that fact is noted in the record of the interrogation. 111. The right of a person deprived of liberty to inform family members or other close relatives of the detention is enshrined in article 64 (3) of the Code of Criminal Procedure: “Detained suspects may, by telephone or other means, promptly inform their place of residence or work of their arrest and place of detention. Where there are grounds to believe that a communication concerning the detention might hinder the pretrial investigation, the officer of the prosecuting agency conducting the arrest may independently notify adult family members or close relatives of the detainee. Such notification shall be carried out without delay.” Paragraph 48 Persons deprived of liberty must have access to legal counsel of their choice, and if needed, a State-provided lawyer. The Subcommittee recommends that the system and remuneration of State-provided lawyers be reviewed to ensure effective assistance is provided to suspects. Lawyers must be provided with unhindered access to their clients, without the need for any approval from prosecutors or investigators. 112. The constitutional provision guaranteeing the full realization of the right to a defence against accusation cannot be infringed by any procedural rules. 113. Under article 26 of the Code of Criminal Procedure, the legislator has provided suspects and accused persons with the right to defence. They may exercise this right themselves or with the assistance of a defence lawyer. In other words, the State does not prohibit suspects or accused persons retaining a lawyer of their choice. 114. Pursuant to article 68 of the Code of Criminal Procedure, suspects, witnesses who have the right to a defence, accused persons, defendants, convicted and acquitted persons have the right to invite several lawyers to act as their defence counsel. 115. Where defence counsel is provided from State funds, the payment of legal aid lawyers and the reimbursement of expenses associated with defence, representation and any reconciliation is covered from the State budget and provided for in the State Legal Aid Act and Kazakh legislation on administrative offences, criminal procedure and civil procedure. 116. The role of lawyers has been enhanced as part of the major reforms to improve the accessibility and transparency of justice. Through the investigating judge, the lawyer may request any necessary investigative actions, the results of which must be included in the criminal case file. 117. The range of persons entitled to receive free legal aid from the moment of actual detention has been expanded. The participation of a defence lawyer may be allowed on the request of the person concerned at any stage in the proceedings. 118. The Penal Correction System Committee has signed a memorandum with the National Bar on unhindered access for lawyers to places of detention and correctional facilities. 119. The memorandum is aimed at preserving safeguards for the legal profession, including lawyer-client confidentiality, the inadmissibility of any search of the lawyer’s files and the confidentiality of the lawyer’s meetings with the defendant in pretrial detention rooms without the use of audio recording. Paragraph 50 The Subcommittee recommends that initial medical screenings be carried out rigorously, and that clear and detailed records be established, which should be GE.19-01981 15