CAT/OP/KAZ/1/Add.1
Paragraph 76
The Subcommittee recommends that opportunities for paid work, exercise and
educational, recreational and cultural activities be provided, and that freedom of
religion and belief be respected. The bowing of heads, recital by detainees of the
articles that they are accused of having violated, the wearing of uniforms and forced
shaving should be discontinued.
162. In accordance with article 119 of the Penalties Enforcement Code, the
administration of an institution undertakes to create paid jobs for all convicts who are fit to
work.
163. To date, 249 business entities have had inactive production facilities placed under
their trusteeship, creating jobs for more than 3,000 people.
164. Under a self-employment model, 19 convicted prisoners in the institutions have
begun producing souvenirs, footwear and furniture and growing vegetables.
165. Quarterly working meetings are held with representatives of the Atameken regional
chambers of entrepreneurs and business communities to discuss the engagement of business
entities with institutions of the penal correction system. Departments of the penal correction
system and local executive bodies hold exhibitions, open-doors days and craft fairs.
166. As at mid-2017, 12,308 convicted prisoners, or 69 per cent of those fit to work, had
paid jobs.
167. In accordance with article 123 of the Penalties Enforcement Code, the Committee on
the Penal Correction System organizes technical and vocational training for convicted
prisoners who do not have a trade.
168. Trade colleges are being set up in places of deprivation of liberty. Vocational
training is currently available in 47 institutions of the penal correction system in 35
specialisms, including carpentry, plastering, plumbing, gas and arc welding, milling
machine operation, sewing, baking, cookery and roofing. At the end of the 2016/17
academic year, 2,594 convicted prisoners received diplomas on the successful completion
of their trade college training.
169. In 2017, 11.4 million tenge was set aside from the national budget to purchase
stationery, household items and other goods to strengthen the industrial training base of
colleges.
170. Regulations governing educational activities for persons sentenced to deprivation of
liberty were approved by Ministry of Internal Affairs Order No. 508 of 13 August 2014.
They cover educational activities for convicted prisoners and the organization of cultural
events and sporting competitions.
171. The Office of the Procurator General has drawn up a comprehensive action plan to
combat torture. It provides for amendments to the departmental regulatory instruments of
the penitentiary system, including those concerning the penal correctional system, aimed at
abolishing marching, drill practice and other educational and corrective measures not
provided for in the Penalties Enforcement Code in order to ensure the safety of prisoners
and protect their rights.
Paragraph 79
While international norms and standards allow for some limitations on contact with
the family during pretrial detention, the Subcommittee recommends that such
limitations be justified and regularly reviewed. Current rules seem overly restrictive.
172. In accordance with article 17 of the Act on Procedures and Conditions for the
Custody of Persons in Special Temporary Detention Facilities, private and confidential
meetings with defence lawyers, relatives and other persons are granted on the basis of
written permission from the person or body conducting criminal proceedings. There are no
restrictions on the number or length of meetings with defence lawyers.
GE.19-01981
21
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