CAT/OP/KAZ/1/Add.1
Paragraph 64
The Subcommittee concludes that, in practice, there are no effective complaints
avenues, which leads to a total absence of trust and, in combination with fear of
reprisals, a low number of complaints. The Subcommittee therefore recommends
ensuring that complaints reach relevant authorities and that the confidentiality of
those complaints is respected.
144. On 5 July 2014, the Penalties Enforcement Code was supplemented with a provision
improving the mechanism for the submission and examination of complaints from
convicted prisoners. Thus, in accordance with article 14 (2), institutions and bodies
responsible for the enforcement of sentences have been equipped with special collection
boxes to receive communications from convicted prisoners regarding unlawful actions on
the part of officials. Communications are collected once a week by the procurator with the
assistance of representatives of the administration of the institution or body responsible for
the enforcement of sentences, and their collection is recorded. Special collection boxes are
being installed in the grounds and buildings of institutions and bodies responsible for the
enforcement of sentences in areas accessible to convicted prisoners.
Paragraph 68
The Subcommittee recommends that prompt, impartial, effective and independent ex
officio investigations be undertaken in response to all allegations of torture or where
there are reasonable grounds to believe that an act of torture has been committed,
irrespective of whether a formal complaint has been received.
145. There is an accessible and effective mechanism for submitting complaints of torture
at any stage of the criminal process.
146. The procurator must determine whether the person in question has been subjected to
torture or other forms of ill-treatment.
147. The administration of a place of detention immediately refers to the procurator any
complaints of torture or ill-treatment received from detainees or convicted prisoners. The
censorship of such complaints is strictly prohibited.
148. Following receipt of such reports or the discovery of signs of violence, an
investigating judge conducts an immediate verification of the facts.
149. If complaints are received during a trial, the court orders an investigation and the
results are reflected in the report of the court proceedings.
150. To increase accessibility, the Ministry of Internal Affairs has set up a unified
telephone helpline, 1402, which any citizen can call free of charge from any part of the
country to report cases of torture or other violations of constitutional rights.
151. Complaints boxes have been installed in all institutions of the penal correction
system in places accessible to all convicted prisoners. The complaints are collected directly
by procurators and members of the national preventive mechanism, without any
involvement of the institution’s staff.
152. Law enforcement agencies are prevented from investigating cases of torture
involving their own officials. The procuratorial authorities investigate all reported cases of
torture.
Paragraph 70
The Subcommittee recommends setting up a formal system to address the protection
of, compensation for and rehabilitation of victims of torture. In accordance with
international standards, victims of torture must have an enforceable right to fair and
adequate compensation. Even where perpetrators of torture have not been identified,
the State party must provide adequate compensation when a civil lawsuit is brought
GE.19-01981
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