CAT/OP/KAZ/1
79.
While international norms and standards allow for some limitations on contact
with the family during pretrial detention, the Subcommittee recommends that such
limitations be justified and regularly reviewed. Current rules seem overly restrictive.
3.
Quarantine and disciplinary measures
80.
All detainees arriving at a pretrial detention facility undergo about two weeks of
quarantine. In some cases, the periods appear to have been longer; for example, in pretrial
detention facility No. 18 in Almaty, one person had been in quarantine in a fairly dark cell
for 37 days. The Subcommittee received allegations of “welcome beatings” in several
pretrial detention facilities, said to be meted out to ensure compliance with the rules. In
such cases, detainees are beaten with hands or truncheons, often on the soles of their feet,
their palms or other parts of the body where blows do not leave visible traces. In some
cases, helpers of the administration – “volunteer activists” – appear to participate in such
acts of ill-treatment.
81.
Disciplinary measures are applied for minor violations, such as lying down on the
bed, which can incur two warnings and then isolation. 20 Such warnings must be given in
writing and can be appealed to a more senior penitentiary official, the prosecutor or the
judge. In accordance with article 31 of Law No. 353-I, suspects and accused persons can be
placed in solitary confinement or disciplinary cells for more than 24 hours upon a written
explanation by the head of the place of detention and, in accordance with article 37 of the
same law, for up to 15 days (up to 7 days in the case of juveniles), but the delegation did
not find many records of such placement being used.
82.
In some disciplinary cells conditions were inhumane owing to the cell’s size,
darkness, lack of ventilation and degrading toilet facilities. In pretrial detention facility 1 in
Almaty, a man allegedly was in solitary confinement in degrading circumstances for three
weeks, force-fed and not allowed access to showers.
83.
The Subcommittee notes with concern the allegations of “welcome beatings”
and recommends that any such practices be discontinued, that the system of
disciplinary punishment be reviewed to ensure proportionality and that the conditions
in disciplinary cells be brought into line with international standards.
4.
Material conditions of detention
84.
While material conditions were generally acceptable, in some places visited they fell
short of international standards, for example, in some facilities there were open toilets in
cells, which do not allow for privacy, and detainees were permitted only one shower per
week. In many pretrial detention facilities, several layers of bars on the windows prevented
daylight from entering. There were few complaints about the quantity of the food, although
many detainees complained about the quality and lack of variety, in particular a lack of fruit
and vegetables, and indicated that they preferred to get food from relatives.
85.
The Subcommittee was told that the new pretrial detention facility in Almaty
Oblast might serve as a model for future pretrial detention facilities. The
Subcommittee found that the walking areas of that facility, located on the fifth floor,
were inadequate and not accessible to persons with disabilities or health issues. The
Subcommittee recommends that full accessibility of walking areas be ensured.
86.
The Subcommittee recommends that shutters be removed to allow daylight to
enter and that showers be allowed more often than once a week, especially during the
hot season. While in some cases cameras in cells may be justified, that is, to reduce the
risk of suicide, they may infringe on the right to privacy, especially in women’s cells.
5.
Health care
87.
General medical services in pretrial detention facilities are perfunctory and basic.
Many interlocutors indicated that the quality of the medical services do not meet their
20
14
Law No. 353-I, arts. 37–39.
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