CAT/OP/KAZ/1/Add.1
recommends a revision of article 428 of the Criminal Code. The Subcommittee further
recalls that disciplinary sanctions should not include the prohibition of family contact,
and that no detainees should be employed, in the service of the prison, in any
disciplinary capacity.
219. According to the Nelson Mandela Rules, discipline and order shall be maintained
with no more restriction than is necessary to ensure safe custody, the secure operation of
the prison and a well-ordered community life.
220. All these aspects shall always be subject to authorization by law or by the regulation
of the competent administrative authority.
221. In 2014, the Parliament adopted a new Penalties Enforcement Code to bring the
conditions for serving sentences into line with the experience of developed States and
international standards.
222. A progressive system of penalties enforcement has been introduced. It takes the
form of a comprehensive inter-sectoral framework, which, when implemented, means that
the status of convicted prisoners depends on the extent to which they reform their
behaviours; their rights are correspondingly increased or decreased in number.
223. Under article 132 of the Penalties Enforcement Code, the circumstances of a
particular violation, the character of the convicted prisoner concerned and his or her past
conduct are taken into account in the imposition of sanctions.
224. The sanctions imposed are commensurate with the gravity and nature of a particular
violation, taking into account the circumstances in which it was committed, the character of
the convicted prisoner concerned and his or her past conduct.
225. For example, preventive discussions are held with convicted prisoners of good
character as an alternative to the imposition of disciplinary sanctions.
226. The new Penalties Enforcement Code sets out criteria for determining the gravity of
an offence and also regulates the procedure for establishing disciplinary responsibility.
227. The following criteria for assessing the gravity of a violation are taken into account
in the imposition of disciplinary measures on convicted prisoners:
(1)
The content and nature of the violation;
(2)
Information attesting to a convicted prisoner’s character and his or her
attitude towards all aspects of the penal correction regime and educational measures;
(3)
The motive and seriousness of the violation (whether it was intentional or
resulted from negligence);
(4)
Mitigating circumstances (i.e., it is a first violation, the convicted prisoner
admits the violation, or the violation did not have any negative consequences or cause
damage to the institution’s property or to other persons);
(5)
Aggravating circumstances (i.e., it is a repeat violation, was committed under
the influence of alcohol or drugs, had negative consequences or caused damage to the
institution’s property or to other persons).
228. The sanctions imposed must begin with the least severe and progressively increase
in severity.
229. Convicted prisoners have the right to qualified legal assistance in the form of, inter
alia, consultations, certificates and the preparation of legal documents, in accordance with
the procedure established in national law.
230. Meetings with lawyers do not count towards the number of the meetings set out in
the Penalties Enforcement Code and are unlimited in number and duration. Moreover,
conversations must be held in private, if a convicted prisoner so wishes. The codification of
this right satisfies the recommendations made in rule 93 of the Nelson Mandela Rules.
231. Pursuant to article 10 of the Penalties Enforcement Code, convicted prisoners have
the right to make oral and written proposals, applications and complaints to an institution or
GE.19-01981
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