CAT/C/KAZ/CO/3
The Committee reiterates its recommendation that State party should amend its
legislation to include a definition of torture in the Criminal Code that is in full
conformity with the Convention and covers all the elements contained in article 1, in
order to ensure that all public officials or any other person acting in an official
capacity can be prosecuted for acts of torture. The State party should ensure that only
pain or suffering arising from, inherent in or incidental to lawful sanctions are
excluded from the definition, and should remove the reference to “legitimate acts” in
that context.
Hazing and ill-treatment in the Army
25.
The Committee is concerned at reports of the continued prevalence of hazing in the
Armed Forces, some of which has resulted in deaths (arts. 2 and 16).
The State party should:
(a)
Reinforce measures to prohibit and eliminate ill-treatment in the Armed
Forces and ensure prompt, impartial and thorough investigation of all allegations of
such acts; establish the liability of direct perpetrators and those in the chain of
command, prosecute and punish those responsible with penalties that are consistent
with the gravity of the act committed, make the results of such investigations public
and provide the Committee with information on the follow-up to the confirmed cases
of hazing in the Army;
(b)
Provide redress and rehabilitation to victims, including through
appropriate medical and psychological assistance, in accordance with general
comment No. 3.
Training
26.
While taking note of the human rights training programmes provided to public
officials, the Committee is concerned at the alleged high prevalence of torture and illtreatment committed by law enforcement officials and prison staff. It is also concerned at
the absence of specific methodologies to evaluate the effectiveness and impact of human
rights training currently provided to public officials on the number of cases of torture and
ill-treatment. It is also concerned that training on the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment of
Punishment (the Istanbul Protocol) is not provided to all medical professionals dealing with
persons deprived of liberty and asylum seekers (art. 10).
The State party should:
(a)
Further develop and strengthen human rights training programmes to
ensure that all public officials, including law enforcement, prison and immigration
officers, as well as prosecutors, judges and lawyers, are aware of the absolute
prohibition of torture and receive training on the provisions of the Convention;
(b)
Provide training on the Istanbul Protocol for medical personnel and
other officials involved in dealing with detainees and asylum seekers in the
investigation and documentation of cases of torture;
(c)
Develop methodologies to assess the effectiveness and impact of training
programmes on the prevention and absolute prohibition of torture and ill-treatment.
Data collection
27.
The Committee regrets the absence of comprehensive and disaggregated data on
complaints, investigations, prosecutions and convictions of cases of torture and ill-
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