CAT/OP/KAZ/1/Add.1 140. Measures are being taken in respect of both infrastructure and amenities to improve detention conditions in correctional facilities. 141. Since 2011, nutritional standards for convicted prisoners have been improved, with the daily food ration increased to 26 items; as a result, there are practically no complaints about food quality and nutritional norms. 142. In temporary detention facilities, three meals a day are provided by local commercial catering companies. 143. The length of time during which bedding is used has been reduced and the quality of non-food items has been improved. Paragraph 64 The Subcommittee concludes that, in practice, there are no effective complaints avenues, which leads to a total absence of trust and, in combination with fear of reprisals, a low number of complaints. The Subcommittee therefore recommends ensuring that complaints reach relevant authorities and that the confidentiality of those complaints is respected. 144. On 5 July 2014, the Penalties Enforcement Code was supplemented with a provision improving the mechanism for the submission and examination of complaints from convicted prisoners. Thus, in accordance with article 14 (2), institutions and bodies responsible for the enforcement of sentences have been equipped with special collection boxes to receive communications from convicted prisoners regarding unlawful actions on the part of officials. Communications are collected once a week by the procurator with the assistance of representatives of the administration of the institution or body responsible for the enforcement of sentences, and their collection is recorded. Special collection boxes are being installed in the grounds and buildings of institutions and bodies responsible for the enforcement of sentences in areas accessible to convicted prisoners. Paragraph 68 The Subcommittee recommends that prompt, impartial, effective and independent ex officio investigations be undertaken in response to all allegations of torture or where there are reasonable grounds to believe that an act of torture has been committed, irrespective of whether a formal complaint has been received. 145. There is an accessible and effective mechanism for submitting complaints of torture at any stage of the criminal process. 146. The procurator must determine whether the person in question has been subjected to torture or other forms of ill-treatment. 147. The administration of a place of detention immediately refers to the procurator any complaints of torture or ill-treatment received from detainees or convicted prisoners. The censorship of such complaints is strictly prohibited. 148. Following receipt of such reports or the discovery of signs of violence, an investigating judge conducts an immediate verification of the facts. 149. If complaints are received during a trial, the court orders an investigation and the results are reflected in the report of the court proceedings. 150. To increase accessibility, the Ministry of Internal Affairs has set up a unified telephone helpline, 1402, which any citizen can call free of charge from any part of the country to report cases of torture or other violations of constitutional rights. 151. Complaints boxes have been installed in all institutions of the penal correction system in places accessible to all convicted prisoners. The complaints are collected directly by procurators and members of the national preventive mechanism, without any involvement of the institution’s staff. 152. Law enforcement agencies are prevented from investigating cases of torture involving their own officials. The procuratorial authorities investigate all reported cases of torture. 18 GE.18-05420

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents