CAT/OP/KAZ/1 of the problem, not the solution. This suggests that the prosecutors view their duties in a formalistic way and are perceived to be part of the system. 66. The investigation of torture cases is carried out by special prosecutors. Few complaints reach that level, and even fewer are investigated properly, if at all, which indicates that such prosecutors are not sufficiently independent and/or not willing to investigate. As a result, a limited number of cases reach the court: 12 out of 600 complaints, according to the statistics provided by the State party. In addition, not all persons convicted of torture are sentenced to prison terms. 12 67. While the Subcommittee acknowledges the fact that some cases of torture have been brought to justice in recent years, the interviews conducted and the low number of complaints show that investigation and prosecution procedures are inaccessible to many detainees and are ineffective. Neither special prosecutors nor oversight prosecutors are seen as independent actors able to initiate prosecutions against officials of the Ministry of Internal Affairs. 68. The Subcommittee recommends that prompt, impartial, effective and independent ex officio investigations be undertaken in response to all allegations of torture or where there are reasonable grounds to believe that an act of torture has been committed, irrespective of whether a formal complaint has been received. 13 F. Lack of protection of, compensation for and rehabilitation of victims of torture 69. No specific measures designed to address the protection of, compensation for and rehabilitation of victims of torture are in place. Regarding compensation, victims must file a civil lawsuit either during or following the criminal case proceedings.14 Filing a lawsuit for compensation independent of a criminal case is not possible under the current legislation. No mechanisms for establishing the exact amount of compensation in cases involving torture are established. Furthermore, there is no programme for the rehabilitation of victims of torture. 70. The Subcommittee recommends setting up a formal system to address the protection of, compensation for and rehabilitation of victims of torture. In accordance with international standards, victims of torture must have an enforceable right to fair and adequate compensation. 15 Even where perpetrators of torture have not been identified, the State party must provide adequate compensation when a civil lawsuit is brought against it. In addition to affirming the formal status of a victim of torture, the State party must provide as full rehabilitation as possible. 16 When an act of torture has been established to have been committed, compensation should automatically be paid. VI. Penitentiary system 71. The Subcommittee learned that, as a result of legislative and other measures taken in recent years, the number of persons deprived of their liberty in pretrial detention facilities and prison colonies has been significantly reduced, from 55,000 in 2012 to about 36,000 in 2016, according to official figures. Holding fewer people in places of deprivation of liberty 12 13 14 15 16 12 The figures provided by the authorities are as follows: in 2015, nine cases brought to trial, with 16 persons sentenced to deprivation of liberty, 1 to a fine and 1 to “limitation of freedom”; in 2016 (first half), four cases brought to trial, 6 persons convicted – 5 to deprivation of liberty and 1 to conditional release. Nelson Mandela Rules, rule 57. Code of Criminal Procedure, art. 166. Convention against Torture, art. 14. See Committee against Torture, general comment No. 3 (2012) on the implementation of article 14, para. 12.