CAT/OP/KAZ/1
expectations. In terms of the prevention of torture and ill-treatment, it is problematic that
the medical staff is subordinate to the Ministry of Internal Affairs.
88.
The Subcommittee recommends that medical care and assistance be
guaranteed and accessible to all detained persons upon their request and that medical
personnel not be under the same authority as the investigating, prosecuting and
detaining ministry.
6.
Pretrial detention facilities under the National Security Committee
89.
The delegation found that the Almaty pretrial detention facility that is under the
authority of the National Security Committee was used as an institution of initial detention
since, according to the registers, most detainees were brought prior to the authorization of
an arrest. The Committee is responsible for investigating, prosecuting and detaining
suspects, which does not allow for any outside controls.
90.
Contacts with the outside world are more restricted in these pretrial detention
facilities than in other facilities. Many inmates have no information about their relatives,
and may not even know whether their relatives know where they are. Medical screening is
insufficient. The delegation observed one person with clearly visible injuries resulting from
detention in pretrial detention facility 1 in Almaty that were not documented in either the
medical register or on the medical card.
91.
The Subcommittee recommends that the detaining authority be different from
the prosecuting authority and that detention conditions comply with international
standards. Medical screening should be rendered more effective and be carried out by
independent medical staff.
B.
Prison colonies
92.
According to official figures, at the time of the visit only 33 per cent of all those
convicted are sentenced to deprivation of liberty, down from 42 per cent, the rate recorded
prior to the legal reform in 2015. About 40 per cent of all convicts are sentenced to
restrictions on freedom and fines are used much more widely. Incarceration rates are
currently about 210 per 100,000 population; according to the State party, this translates to a
ranking of 62nd worldwide, 21 and has had a positive impact on prison conditions.
Government officials also announced that two colonies had been closed and there were
plans to close seven more.
93.
The objectives laid down by the Criminal Execution Code (arts. 4 and 7) are in
compliance with applicable international norms, including the Nelson Mandela Rules.
However, the Subcommittee noted that, with the exception of those at the juvenile colony
in Almaty, officials generally perceived their role as ensuring the smooth functioning of the
system and staff security, rather than rehabilitating and reintegrating prisoners.
Regime, “conditions” and daily activities
1.
94.
Generally, colonies have different security regimes to which convicts are assigned
by court decision, depending on the gravity of the crime committed and previous sentences.
Assignment to security regimes does not take into account the risks posed by a given
convict. In addition to the security levels, a complex system of “conditions” – privileged,
soft, common, strict and special – is in place, 22 which imposes different levels of
restrictions, including in terms of access to work, and the number of parcels, phone calls
and family visits a detainee can receive. Changes in a detainee’s level of conditions are
decided by internal commissions.23
95.
All detainees are shaved at regular intervals. They are required to shave their beards,
although no razors are provided. All detainees, except those in minimum security colonies,
21
22
23
As reported by the State party during the initial briefing.
Criminal Execution Code, chap. 18.
Ibid., art. 103.
15
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