CAT/OP/KAZ/1/Add.1
• The Government’s database on private individuals, through the law enforcement and
specialized agencies information exchange system
• The Ministry of Internal Affairs integrated data bank
• The automated information system of the Ministry of Justice enforcement agencies
128. The information is updated regularly with information on persons arriving in penal
correction system institutions entered on a daily basis.
Paragraph 55
The Subcommittee recommends that detainees be brought before a judge as soon as
possible, without waiting for the 72 hours authorized by law to lapse, and to reduce
that period from 72 to 48 hours as an additional safeguard against torture and illtreatment. It also recommends that all hearings regarding initial detention and its
prolongation be conducted in the presence of the detained persons and their lawyers.
During the hearings, judges should inquire into the well-being of detainees and, where
there is suspicion of torture, order an immediate and effective investigation. Detained
persons must be able to challenge their detention at any time, at reasonable time
intervals. The procedure for the initial detention and its periodic review and
prolongation should be under judicial supervision and beyond the control of
investigators, prosecutors and detaining authorities.
129. This norm is contained in existing legislation. In accordance with article 147 (2) of
the Code of Criminal Procedure, where it is necessary to choose detention as a preventive
measure, then, in accordance with article 140, the person conducting the pretrial
investigation issues the order to apply to the court to obtain authorization to use the
measure. Certified copies of the case file confirming the validity of the application are
attached. The order concerning the choice of preventive measure, the application to the
court for authorization to use that measure and all supporting documentation should be
submitted to the procurator no later than 18 hours before the expiry of the detention period.
130. Paragraph 4 of the same article provides that the agreement of the procurator to the
order of the person conducting the pretrial investigation authorizing the detention and the
supporting documentation must be submitted to the investigating judge no later than 12
hours before the expiry of the period of detention, and the persons concerned are informed.
131. Pursuant to article 148 (2), the investigating judge shall, no later than eight hours
after receipt of the documentation by the court, in compliance with the procedure
prescribed in article 56 and in the presence of the procurator, the suspect or accused person,
and the defence counsel, consider the application for authorization of detention as a
preventive measure. A legal representative and a representative also have the right to
participate in the court hearing. If the participants mentioned have been given due
notification by the court of the place and time of the hearing, their non-attendance does not
prevent the hearing taking place.
Paragraph 59
The fact that all detention facilities are under the same ministry as the investigators is
problematic. The Subcommittee recommends that the detaining authority be separate
from the investigating officials, which allows for mutual control and excludes the
possibility of using detention as a tool of the investigative process or a means to
compel prisoners to confess.
132. Currently, the penal correction system falls under the structure of the Ministry of
Internal Affairs; it is separate from the criminal prosecution agencies and, with the vertical
subordination of the regional offices in the central administration, it has maintained its
autonomy.
133. The current structure of the penal correction system is in line with article 24 of the
Constitutional Law on the Government of the Republic of Kazakhstan and article 7 (4) of
GE.19-01981
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