Follow-up to the recommendations made by the Special Rapporteur (Manfred Nowak) in the report of his visit to Kazakhstan from 5 to 13 May 2009 (A/HRC/13/39/Add.3) 63. On 22 November 2011, the Special Rapporteur sent the table below to the Government of Kazakhstan requesting information and comments on the follow-up measures taken with regard to the implementation of his predecessor‘s recommendations. The Special Rapporteur regrets that the Government has not provided any information with regard to the implementation of the recommendations. He looks forward to receiving information on Kazakhstan‘s efforts to implement the recommendations and affirms that he stands ready to assist in efforts to prevent and combat torture and ill-treatment. 64. The Special Rapporteur welcomes the amendment of the definition of torture in article 141-1 of the Criminal Code; however, he observes that it is not fully in conformity with the definition of torture in article 1 of the Convention against Torture as it does not refer to physical and mental suffering arising from unlawful actions of public officials. In addition, the specific offence of torture is not punishable by appropriate penalties commensurate with the gravity of the offence, as required by article 4, paragraph 2, of the Convention. The Special Rapporteur calls upon the Government to ensure that torture is established as a serious crime, sanctioned with appropriate penalties. 65. The Special Rapporteur questions the effectiveness of the complaints mechanism envisaged in the Manual (Guidelines) of the Office of the Public Prosecutor, as an accessible complaint channel with due guarantee of protection against reprisals. In this connection, he stresses the need to establish an effective and independent mechanism to investigate all allegations of torture and illtreatment by law enforcement agencies promptly, independently and thoroughly. 66. The Special Rapporteur expresses concern at the reported incidence of violence and excessive use of force by law enforcement officials against participants in the protests held in December 2011 in Mangistau region, allegedly leading to the loss of life of at least 15 persons. He welcomes the Presidential instruction to ensure transparent investigation into the events and launching of internal investigations for alleged abuse of power by law enforcement officials. He regrets not having received any information about the number of judicial or other inquiries carried out in relation to this case. 67. The Special Rapporteur welcomes the consideration by the Parliament of the draft bill introducing amendments in the Criminal Procedure Code to grant access to defence counsel and allow for notification of family members from the moment of actual deprivation of liberty, and expresses hope that this rule will be effectively implemented in practice. 68. The Special Rapporteur looks forward to receiving more information on concrete steps undertaken to implement the Government‘s plans to strengthen further non-custodial pre- and post- trial measures provided for in the concept of the Legal Policy for 2010-2020. 69. The Special Rapporteur remains concerned that the Law on Refugees is not fully consistent with the provisions implementing the principles of non-refoulement stipulated by article 3 of the Convention. He strongly encourages the Government to adopt a legislation regulating expulsion, deportation and extradition in line with its international obligation under article 3 of the Convention. A/HRC/19/61/Add.3 164 Kazakstan