CAT/C/KAZ/CO/3
the Supreme Court, to implement the Committee’s decision taken in May 2012 regarding
compensation for acts of torture to Aleksandr Gerasimov. The Committee is concerned,
however, that the new Code of Criminal Procedure does not explicitly make victims of
torture or ill-treatment eligible for fair and adequate compensation, including the means for
as full rehabilitation as possible, as required by article 14 of the Convention (art. 14).
The State party should:
(a)
Amend its legislation to include explicit provisions on the right of victims
of torture and ill-treatment to redress, including fair and adequate compensation and
rehabilitation, in accordance with article 14 of the Convention. It should, in practice,
provide all victims of torture or ill-treatment with redress, including fair and
adequate compensation, and as full rehabilitation as possible, and should allocate the
necessary resources for the effective implementation of rehabilitation programmes;
(b)
Ensure comprehensive follow-up and institutionalize the implementation
of decisions on individual communications adopted by the United Nations treaty
bodies under treaties to which it is a party.
The Committee draws the attention of the State party to its general comment No. 3,
which clarifies the content and scope of the obligations of States parties to provide full
redress to victims of torture.
Statements made as a result of torture
23.
While noting that domestic legislation provides for the inadmissibility of evidence
obtained through torture or cruel, inhuman or degrading treatment, or the threat of such
treatment in criminal proceedings, the Committee is concerned at the persistent allegations
of methods of criminal investigation whereby confessions obtained as a result of torture and
ill-treatment are relied on as the principal element of proof in criminal prosecution, in some
cases in the absence of any other evidence of violations (arts. 2, 15 and 16).
The State party should:
(a)
Bring domestic legislation and practice fully into line with international
standards and in particular the provisions of article 15 of the Convention;
(b)
Take the steps necessary to ensure in practice that any information or
confessions obtained as a result of torture and ill-treatment are not admissible in
court in all cases and may not be used as evidence in any proceedings except those
brought against the alleged perpetrators;
(c)
Improve the methods of criminal investigation to end practices whereby
confession obtained as a result of torture and ill-treatment is relied on as proof in
criminal prosecution;
(d)
Submit information on the application of the provisions prohibiting the
admissibility of evidence obtained under duress and on whether any officials have
been prosecuted and punished in cases of violation or threat thereof.
Definition of torture
24.
While noting that the definition of torture in the Criminal Code has been extended to
bring it into greater compliance with article 1 of the Convention, the Committee is
concerned that it does not cover acts of torture committed by any “other person acting in an
official capacity”, which may create loopholes for impunity, as outlined in general
comment No. 2. The Committee reiterates its concern that the definition of torture in the
Criminal Code continues to exclude physical and mental suffering caused as a result of
“legitimate acts” on the part of officials (arts. 1, 2 and 4).
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