CAT/OP/KAZ/1/Add.1 97. The objectives of the framework and the plan are to develop and implement measures for the prevention and effective investigation of cases of torture and the rehabilitation of victims of torture in the criminal process and in prison. 98. The comprehensive plan to combat torture includes a number of measures to ensure the absolute prohibition of torture, including by bringing articles 146 (torture) and 362 (exceeding authority or official powers) of the Criminal Code into line with article 1 of the Convention against Torture. 99. In particular, it is proposed that consideration be given to making a distinction between the offence of “torture” and that of “cruel, inhuman or degrading treatment or punishment” and amending the Criminal Code on that basis. 100. It is also proposed that torture should be punished as a serious offence, with no possibility of non-custodial penalties, and that sentences for other forms of ill-treatment should be commensurate with the gravity of the offence; that amendments should be made to articles 63 (conditional discharge) and 68 (exemption from criminal liability through reconciliation) of the Criminal Code to exclude the possibility of conditional discharge or of exemption from liability for torture, to ensure that sentences for torture are proportionate to their seriousness, and to amend the relevant Supreme Court decisions on torture and illtreatment so as to establish standard legal practice in line with the provisions. Paragraph 42 The Subcommittee recommends that the State party reform the system of prosecution, ensure that only independent judges take decisions on restrictions on the human rights of suspects and accused persons, and reinforce oversight of the activities of investigators. 101. As part of the ongoing legislative reform, a new Code of Criminal Procedure, which regulates the powers of the investigating judge, was adopted on 4 July 2014. 102. Under article 54 (3) of the Criminal Procedure Code, the investigating judge is a judge of a court of first instance with authority during the pretrial proceedings or a judge of a court of first instance whose powers include the implementation, in accordance with the Code of Criminal Procedure, of judicial control over compliance with the rights, freedoms and lawful interests of persons involved in criminal proceedings. 103. Article 55 of the Code of Criminal Procedure defines the powers of the investigating judge: (1) To authorize detention; (2) To authorize house arrest; (3) To authorize temporary suspension from duties; (4) To authorize a restraining order; (5) To authorize arrest prior to extradition; (6) To extend a period of detention, house arrest or arrest prior to extradition; (7) To approve the use of bail; (8) To authorize the seizure of assets; (9) To approve involuntary confinement to a medical establishment of a person not currently in detention for a forensic psychiatric examination and/or medical examination; (10) If mental illness is ascertained, to approve the transfer of a person previously held in detention to a specialized psychiatric facility adapted for the detention of patients in strict isolation; (11) GE.19-01981 To approve the exhumation of human remains; 13