In order to avoid impunity, the State party should consider the double criminality requirement for the
crime of torture and apply the aut dedere aut judicare principle when an alleged offender of acts of
torture committed abroad is present in its territory, in accordance with article 5, paragraph 2, of the
Convention.
Training of personnel
(20) The Committee regrets the paucity of information provided by the State party on training of law enforcement
officials, penitentiary staff and medical personnel regarding the provisions of the Convention (art. 10).
The State party should provide detailed information on the training provided to all law enforcement
personnel and prison’s staff specifically on the provisions of the Convention and the United Nations
Standard Minimum Rules for the Treatment of Prisoners. The State party should also provide
information on specific training provided to its medical personnel dealing with detainees on how to
identify signs of torture and ill-treatment in accordance with international standards, as outlined in the
Istanbul Protocol. In addition, the State party should develop and implement a methodology to assess
the effectiveness and impact of its training/educational programmes on cases of torture and
ill-treatment and provide information about gender specific trainings.
Detention and places of deprivation of liberty
(21) The Committee welcomes the successful reform of much of the Kazakh penitentiary system through the
adoption of programmes conducted in close cooperation with international and national organizations as well as the
enactment of new laws and regulations. It further notes that this reform resulted in a decrease of the rate of pretrial
detention, an increased use of alternative sanctions to imprisonment, more humane conditions of detention, and a
marked improvement in the conditions of detention in post-conviction detention facilities. However, the Committee
remains concerned at:
(a)
The deterioration of prison conditions and stagnation in the implementation of penal reforms since
(b)
Persistent reports of abuse in custody;
(c)
Poor conditions of detention and persistent overcrowding in detention facilities;
2006;
(d)
Excessive use of isolation with regards to pretrial detainees and prisoners and lack of regulation of the
frequency of such isolation;
(e)
Instances of group self-mutilation by prisoners reportedly as a form of protest for ill-treatments;
(f)
Lack of access to independent medical personnel in pretrial detention centres and the reported failure
to register signs of torture and ill-treatment or to accept detainee’s claims of torture and ill-treatment as the basis for
an independent medical examination;
(g)
Persistent high incidence of death in custody, in particular in pretrial detention (e.g. the case of the
former KNB General Zhomart Mazhrenov) some of which are alleged to have followed torture or ill-treatment
(art. 11).
The State party should:
(a)
Adopt a programme for further development of the penal correction system similar to
the one for the period 2004-2006m in order to bring the system into full conformity with the
United Nations Standard Minimum Rules for the Treatment of Prisoners;
(b)
Continue to train specialists in the penitentiary system and ensure that all persons in
contact with detainees are familiar with international standards in the field of human rights protection
and the treatment of prisoners;
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