CAT/OP/KAZ/1
119. The procedure for being taken out of the cell to go anywhere involves a lot of
yelling by officers; the detainee is handcuffed and must bow his head, and his mouth is
checked. All of this is done in the presence of many heavily armed officers and guards in
bulletproof vests, who escort the handcuffed prisoner to the walking yard, from which
escape is all but impossible. To avoid putting other persons through that procedure, the
delegation interviewed only one person. Prisoners serving life sentences are allowed to
communicate only from cages in the head of section’s office, including for visits with
medical doctors or priests, which is degrading.
120. While the conditions in terms of, among other things, daylight and food seemed
acceptable, the layers of bars within the cells, in addition to the heavy doors that were
locked several times, seemed excessive. Sports equipment was prohibited. Security
measures in the walking yards were excessive, and out of 10, only 1 had a bench for
persons with disabilities. The Subcommittee was told that, in the light of “technical issues”
prisoners serving life sentences had no possibility to make telephone calls.
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.
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.
123. The Subcommittee also recommends abolishing the practice of keeping
prisoners serving life sentences separate from other prisoners serving long sentences.
As with all prisoners, the ultimate aims remain rehabilitation, reinsertion and
reintegration. Therefore, contact with the outside world should not be restricted on
the basis of the sentence or disciplinary regime.
7.
Early conditional release
124. A probation service was created in 2015 and a draft law to define all its
competencies is pending. Meanwhile, probation is increasingly used, with more than 20,000
persons on probation, according to the authorities. The probation service assists with social
assistance, health insurance and employment.
125. The Subcommittee notes steps taken since 2012 to ensure that early conditional
release is applied more broadly. It aims at encouraging detainees’ participation in activities
and work, which earns them credit. According to the authorities, in accordance with a
special order of the Supreme Court judges now must allow early release. Many prisoners,
particularly in the northern regions, however, clearly felt that decisions on whether to grant
such release was arbitrary and that only a small percentage of prisoners were granted such
release.
126. Furthermore, unsettled lawsuits can stand in the way of early conditional release.
Given the low salaries, for example, 15,000 tenge in the women’s colonies, for many
prisoners it is difficult to raise enough money to settle their debts, which in turn prevents
them from being released. The Subcommittee has received complaints from foreigners that
their application for early release was refused for fear that they would return to their
country of origin.
127. The Subcommittee welcomes the creation of a probation system to facilitate the
social rehabilitation, reinsertion and reintegration of those granted early release. It
recognizes that early conditional release is increasingly used, which is positive. The
Subcommittee recommends that such release be implemented more transparently.
19
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