Evidence obtained through torture
(29) While welcoming the assurance given by the delegation that judges reject such evidence in court
proceedings, the Committee notes however with grave concern reports that judges often ignore the complaints of
torture and ill-treatment, do not order independent medical investigations, and often proceed with the trials,
therefore not respecting the principle of non-admissibility of such evidence in every instance (art. 15).
As recommended in the previous concluding observations of the Committee (A/56/44, para. 129(d)),
the State party should take immediate steps to ensure that in practice evidence obtained by torture
may not be invoked as evidence in any proceedings. The State party should review cases of convictions
based on confessions that may have been obtained through torture or ill-treatment, and ensure
adequate compensation to victims and prosecution of those responsible.
Violence against women
(30) The Committee expresses it concern at the prevalence of violence against women in Kazakhstan, in particular
domestic violence. The Committee notes that a draft law on domestic violence is being elaborated but it expresses
concern that its adoption has been delayed. The Committee notes the lack of information about prosecutions of
persons in connection with cases of violence against women (arts. 2, 7 and 16).
The State party should ensure protection of women by speedily enacting the draft law on domestic
violence and adopting measures to prevent in practice such violence. The State party should cooperate
with non-governmental crisis centres for women and provide for protection of victims, access to
medical, social and legal services and temporary accommodation. Perpetrators should also be
punished in accordance with the gravity of the act of torture or ill-treatment.
Trafficking in human beings
(31) While noting with satisfaction legislative measures taken in the field of trafficking in human beings and the
adoption of a National Plan of Action on Trafficking for 2006-2008, the Committee remains concerned at the
prevalence of the phenomenon in the State party (arts. 2, 7, 12 and 16).
As recommended by the Committee on the Elimination of Discrimination against Women in 2007
(CEDAW/C/KAZ/CO/2, para. 18), the State party should ensure that legislation on trafficking is fully
enforced and that the National Plan of Action is fully implemented. The State party should also
continue its efforts to investigate, prosecute, convict and punish persons found responsible, including
government officials complicit in trafficking.
Data Collection
(32) While noting that some statistics have been provided, the Committee regrets the lack of comprehensive and
disaggregated data on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment
by law enforcement officials, as well as on the incidence of trafficking and sexual violence and on the number of
prosecutions of persons in this connection. The Committee notes also the insufficient information on the training
provided to law enforcement officials as regards the provisions of the Convention.
The State party should provide detailed statistical data in its next periodic report, disaggregated by
gender, ethnicity or nationality, age, geographical region and type and location of place of deprivation
of liberty, on complaints related to cases of torture and other ill-treatment, including those rejected by
the courts, as well as related investigations, prosecutions and disciplinary and penal sanctions, and on
the compensation and rehabilitation provided to the victims. The State party should also provide
further information on the incidence of trafficking and sexual violence, as well as on training provided
to all State’s officials regarding the provisions of the Convention.
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