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- 14

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