CAT/OP/KAZ/1
is one of the most effective ways of preventing torture and ill-treatment. The reduction has
also resulted in better material conditions of detention.
A.
Pretrial detention facilities
72.
The Subcommittee visited pretrial detention facilities operated under the Ministry of
Internal Affairs and under the National Security Committee, as well as temporary detention
facilities operated under the Ministry of Internal Affairs. 17 As all these institutions are
governed by Law No. 353-I on the procedure for and conditions of detention of persons in
special institutions that enforce temporary isolation from society, and as temporary
detention facilities are often used as pretrial detention facilities, the information in this
section applies to all temporary and pretrial detention facilities, unless specified otherwise.
73.
The delegation learned about the Government’s efforts to increase the use of
alternatives to pretrial detention.18 As a result of those efforts, 5,500 persons were being
held in pretrial detention in Ministry of Internal Affairs institutions, as compared to more
than 7,000 earlier. The Subcommittee found that the maximum duration of pretrial
detention provided by law – up to 12 months – was generally respected. Pretrial detainees
were separated from convicts in accordance with international standards.
1.
Pretrial detention regime and daily activities
74.
The Subcommittee observed that in pretrial detention facilities, detainees are
required to walk with their hands behind their back and their head bowed, to retreat against
the wall when an official appears, and to recite their names and the articles of the law that
they are accused of having violated when they present themselves. All boys and men must
wear uniforms and are shaved upon arrival to the facilities. Several interlocutors indicated
that they did not understand the reasons for the forced shaving and found it stigmatizing.
75.
Law 353-I authorizes work when there is the possibility (art. 16.3). Generally, few
activities are provided during pretrial detention, and many detainees spend 23 hours in their
cells without meaningful activity. Most detainees indicated that they were allowed to walk
around for up to one hour. In most pretrial detention facilities, there appears to be access to
televisions, radios and libraries in accordance with the legislation. While religious freedom
is guaranteed by law, in some institutions restrictions on praying and access to religious
literature were reported.
76.
The Subcommittee recommends that opportunities for paid work, exercise and
educational, recreational and cultural activities be provided, 19 and that freedom of
religion and belief be respected. The bowing of heads, recital by detainees of the
articles that they are accused of having violated, the wearing of uniforms and forced
shaving should be discontinued.
2.
Contact with the outside world
77.
For detainees in pretrial detention facilities and temporary detention facilities,
investigators, in accordance with article 17 of Law No. 353-I, can authorize no more than
two, or in the case of minors, three, visits of up to three hours with relatives per month; the
authorization must be in writing.
78.
Many persons detained in pretrial detention facilities told the delegation that they
had not seen their families. Some were not even sure whether their families had been
informed of their detention. While telephone calls can be authorized, some detainees cannot
afford the pay cards required to make a call. Rules around telephone calls were not clear
and differed from place to place. Overall, the Subcommittee had the impression that access
to telephones was quite restricted, which is problematic, given the distances in Kazakhstan.
17
18
19
There are a total of 178 temporary detention facilities in Kazakhstan.
Efforts include the broader use of bail.
Nelson Mandela Rules, rules 103–105 and 116.
13
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