CAT/OP/KAZ/1/Add.1 Paragraph 115 The Subcommittee recommends taking measures to combat discrimination against prisoners on the basis of illness, including by ensuring that persons in medical units are not subjected to conditions that are stricter than those imposed on other prisoners. 241. In accordance with the Code on Public Health and the Health-Care System, a convicted prisoner’s health status and any conditions with which he or she has been diagnosed are subject to medical confidentiality. 242. Convicted prisoners can be held separately on medical grounds if they have a disease that presents a danger to others. 243. Convicted prisoners who are HIV-positive are held along with all other prisoners, to prevent any discrimination. Paragraph 121 The Subcommittee recommends that the treatment of prisoners serving life sentences be reviewed to ensure that it is based on individual risk assessments and not dependent on the sentence. It should be adapted to the needs of such prisoners and allow for contact with the outside world. 244. All convicted prisoners, irrespective of their length of sentence, have equal access to everyday products (food, clothes and other essential items) and to recreational opportunities (reading newspapers and magazines and watching television). 245. No differentiation is made on these issues. 246. The conditions of detention are the only variable; they depend on the regime under which a sentence is being served (ordinary, relaxed or strict). 247. In accordance with article 127 of the Penalties Enforcement Code, it has been made possible for prisoners serving life sentences and those in prison hospitals to receive primary, basic secondary and general secondary education. 248. It has been made possible for prisoners serving life sentences and those in prison hospitals to receive primary, basic secondary and general secondary education. 249. Convicted prisoners are encouraged to take primary, basic secondary and general secondary education, and their willingness to do so is taken into account in the appraising their behaviour and preparing a character assessment. 250. Under article 141 of the Penalties Enforcement Code, prisoners serving life sentences are entitled to a daily walk lasting: (1) One hour for those held under the strict regime; (2) One and a half hours for those held under the ordinary regime; (3) Two hours for those held under the relaxed regime. Paragraph 122 In that spirit, the Subcommittee recommends discontinuing the overemphasis on security and, in particular, the degrading procedure followed when taking prisoners serving life sentences out of their cells, and putting an end to the excessive use of systematic security measures. 251. Rule 11 of the Nelson Mandela Rules stipulates that different categories of prisoners shall be kept in separate institutions or parts of institutions, taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. 252. Rule 37 of the Nelson Mandela rules refers to any form of involuntary separation from the general prison population, such as solitary confinement, isolation, segregation, GE.19-01981 29

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