CAT/C/KAZ/CO/3 negligence are prosecuted and, if found guilty, punished in accordance with the gravity of their acts; allow independent forensic examinations of all cases of death in custody, permit family members of the deceased to commission independent autopsies and ensure that their results are accepted by the State party’s courts as evidence in criminal and civil cases; (g) Recalling the decision of the Constitutional Council, consider selfmutilation as a form of self-expression and protected speech and not as a punishable offence so that it is de-criminalized under both the current Criminal Code (art. 360, part 3) and the new Criminal Code (art. 428). Forced psychiatric detention of human rights defenders 19. The Committee is gravely concerned at the reports of a number of cases of forced psychiatric detention of human rights defenders. Notwithstanding the clarifications presented by the representatives of the State party, it continues to be concerned about the forced hospitalization of Zinaida Mukhortova against her will at the Balkhash psychiatric clinic, and at reports alleging that Ms. Mukhortova’s detention was ordered as a reprisal for her human rights activities. The Committee notes the appeal with regard to her case by seven United Nations special procedure mandate holders who expressed concern that the allegation of forced confinement might be related to her human rights work, and that the issue was raised in the context of the universal periodic review of the Human Rights Council (arts. 2, 11–13 and 16). The State party should establish close supervision and monitoring by judicial organs of any placement in institutions of persons with intellectual or psychosocial disabilities, with appropriate legal safeguards and visits by independent monitoring bodies. Institutionalization and treatment should be clearly defined in law, based on free and informed consent and determination by qualified health-care professionals. The Committee urges the State party to ensure a prompt and independent investigation by a recognized impartial expert representative of an international organization, such as the World Health Organization, into allegations that the forcible detention of Zinaida Mukhortova at the Balkhash psychiatric clinic was unjustified. The Committee requests that it be informed of the results through its secretariat as soon as they are available. Domestic violence 20. While welcoming the adoption of the Law on Domestic Violence in 2009, the Committee is concerned at the continued prevalence of violence against women, in particular domestic violence, the low number of investigations into cases of domestic violence, the absence of a definition of rape in criminal legislation, lack of data collection and the fact that most shelters for victims of domestic violence are run by nongovernmental organizations (arts. 2, 12–14 and 16). The State party should: (a) Strengthen efforts to prevent and combat violence against women, and in particular domestic violence, and ensure the effective implementation of legislation on domestic violence in practice; (b) Facilitate and ensure that complaints from victims are promptly, thoroughly and impartially investigated, that perpetrators are prosecuted and, if found guilty, punished with appropriate and effective penalties; (c) Ensure that victims of domestic violence benefit from protection and effective remedies, including access to medical and legal services, psychosocial 11