CAT/OP/KAZ/1/Add.1
207. Convicted prisoners held under the strict regime, in a disciplinary unit or in solitary
confinement as a sanction have the right to a telephone conversation in exceptional personal
circumstances, including in the event that their spouse or a close relative dies or has a
serious, life-threatening illness or that a natural disaster has caused significant financial
damage to their family.
208. In accordance with article 113 of the Penalties Enforcement Code, convicted
prisoners held in institutions, as well as those placed in mixed-security institutions or
transferred to full-security institutions to carry out maintenance work, are entitled to short
periods of temporary release outside the institution of no longer than seven days in the
event that their spouse or a close relative dies or has a serious, life-threatening illness or
that a natural disaster has caused significant financial damage to their family; and, for those
in a minimum-security institution, to extended temporary release for the period of annual
paid leave.
209. Women convicted prisoners who have a child in an institution’s children’s unit are
entitled to a short period of temporary release to place the child in the care of their spouse
or relatives or in a children’s home.
210. Women convicted prisoners who have minor children with disabilities outside the
institution are entitled to one short period of temporary release per year to see them.
211. Juvenile convicted prisoners and convicted prisoners who have a category I or II
disability and require constant care for health reasons are allowed to be accompanied by a
spouse, relative or other accompanying person during their period of temporary release.
212. Convicted prisoners’ applications for temporary release are considered within 24
hours. Periods of temporary release are granted by the director or the officer in charge with
due regard to the requirements set out in article 113 (3) of the Penalties Enforcement Code
and the conduct of the convicted prisoner in question.
213. Time that convicted prisoners spend outside the institution counts towards their
sentence.
214. In accordance with article 116 of the Penalties Enforcement Code, children’s units
can be set up in institutions in which female convicted prisoners with children are serving
sentences.
215. These children’s units offer children the necessary conditions for a normal life and
development.
216. Women convicted prisoners who have children aged under 3 years place them in an
institution’s children’s unit and, when they are free from work, can spend as much time
with their children as they wish. They are allowed to live with their children.
217. Point 6 of the plan of measures to implement the 2017–2019 comprehensive strategy
for the social rehabilitation of citizens released from places of deprivation of liberty who
are registered with the probation service, approved by Government Decision No. 912 of 29
December 2016, provides for a pilot project to be conducted at one of the institutions of the
penal correction system to enable convicted prisoners to use modern information
technology to have video visits from their families.
218. This promotes meaningful relationships and law-abiding behaviour and incentivizes
early release.
Paragraph 108
The Subcommittee recalls that disciplinary punishments should be strictly
proportional, and recommends that the system of disciplinary punishment be
reviewed, as current punishment terms are clearly excessive. Also, prisoners should be
enabled to challenge disciplinary sanctions before an independent body. Imposing
criminal sanctions, i.e. additional prison terms of several years, for disciplinary
violations is excessive and suggests that the penitentiary system is deficient when
dealing with offences by detainees. In the light of these findings, the Subcommittee
26
GE.19-01981
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