CAT/OP/KAZ/1
105. The Subcommittee is concerned about the excessively restrictive approach to
contact with families. Recent amendments to the Criminal Execution Code
exacerbated further already drastic restrictions on contact with the outside world.
Therefore, the Subcommittee recommends that prisoners be allowed to maintain or
establish such relations with persons or agencies outside the prison as may promote
the prisoner’s rehabilitation.28
3.
Maintaining discipline
106. The disciplinary regime in prison colonies is based on transfers from common to
soft or strict conditions, which, in turn, are dependent on whether detainees comply with
prison rules. However, punishments for even relatively minor violations involving no
violence, such as verbal conflicts with other detainees, cursing, refusal to be searched or
possession of a mobile telephone, are drastic. The person in question is first transferred to a
disciplinary cell, and is subject to the strict regime for a lengthy period. That system
culminates in the possibility of the court prolonging the prison term, on the grounds of
disobedience of legal orders of the penitentiary administration, by up to five years for the
first incident and up to seven years in cases of repetition. 29 Furthermore, it appears that
threats of transfer to stricter conditions are used to intimidate detainees. The Subcommittee
was told that there are few, if any, effective review mechanisms.
107. It is not easy to escape from the chain of punishment, as it is interlinked with
sophisticated informal punishment systems, sometimes administered by “helpers” involved
in informal disciplining measures in exchange for rewards from the prison administration.
Other informal forms of intimidation include being threatened with rape, which is targeted
especially at those who are not afraid of harsher prison conditions, and with transfers to
harsher prison colonies as punishment measures, which leads to fear and discourages
detainees from filing complaints. There is a strong link between these unofficial and official
systems, as volunteers are said to sometimes provoke conflicts, which then trigger official
disciplinary action.
108. The Subcommittee recalls that disciplinary punishments should be strictly
proportional, 30 and recommends that the system of disciplinary punishment be
reviewed, as current punishment terms are clearly excessive. Also, prisoners should be
enabled to challenge disciplinary sanctions before an independent body. Imposing
criminal sanctions, i.e. additional prison terms of several years, for disciplinary
violations is excessive and suggests that the penitentiary system is deficient when
dealing with offences by detainees. In the light of these findings, the Subcommittee
recommends a revision of article 428 of the Criminal Code. The Subcommittee further
recalls that disciplinary sanctions should not include the prohibition of family
contact,31 and that no detainees should be employed, in the service of the prison, in
any disciplinary capacity.32
4.
Conditions
109. Overall the material conditions were in line with international standards and there
was no overcrowding, although in some cases conditions in small and disciplinary cells
may be degrading. Also, hierarchical structures within the prison population appear to
persist, with lesbian, gay, bisexual, transgender and intersex persons, previously segregated,
now integrated in the general population, but still reported as stigmatized. Security is
generally overemphasized, with many staff devoted to maintaining security and numerous
control and head-count measures.
110. There were few complaints about the quantity of food, but many prisoners complain
about its quality. Many prisoners in the northern parts of Kazakhstan mentioned the harsh
climate and insufficient winter clothes as an issue.
28
29
30
31
32
Nelson Mandela Rules, rule 107.
Criminal Code, art. 428.
Nelson Mandela Rules, rule 39 (2).
Ibid., rule 43 (3).
Ibid., rule 40.
17
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