CAT/OP/KAZ/1/Add.1
116. The role of lawyers has been enhanced as part of the major reforms to improve the
accessibility and transparency of justice. Through the investigating judge, the lawyer may
request any necessary investigative actions, the results of which must be included in the
criminal case file.
117. The range of persons entitled to receive free legal aid from the moment of actual
detention has been expanded. The participation of a defence lawyer may be allowed on the
request of the person concerned at any stage in the proceedings.
118. The Penal Correction System Committee has signed a memorandum with the National
Bar on unhindered access for lawyers to places of detention and correctional facilities.
119. The memorandum is aimed at preserving safeguards for the legal profession,
including lawyer-client confidentiality, the inadmissibility of any search of the lawyer’s files
and the confidentiality of the lawyer’s meetings with the defendant in pretrial detention
rooms without the use of audio recording.
Paragraph 50
The Subcommittee recommends that initial medical screenings be carried out
rigorously, and that clear and detailed records be established, which should be
accessible at all times as part of the record of any detention facility. Medical personnel
conducting such screenings should be independent from the administration of the
detention facility to allow for impartial results and proper follow-up. The
Subcommittee recommends that the State party improve its training of medical
personnel, particularly on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) and other international standards. In addition, the
Subcommittee recommends that health professionals immediately report suspicions of
torture and ill-treatment to appropriate authorities so that an independent examination
may be conducted in accordance with the Istanbul Protocol. The confidential medical
report should be made available to the detainee and to his or her counsel.
120. In accordance with the requirements of Ministry of Internal Affairs Order No. 314 of
7 April 2015, a medical examination is carried out upon a person’s admission to and departure
from penal correction system facilities to assess whether there are any bodily injuries.
121. If any bodily injuries are recorded in the single pretrial investigation register, the
procuratorial authorities are immediately informed and, if necessary, a forensic medical
examination is conducted as part of the pretrial investigation.
122. However, in accordance with a joint order of the Ministry of Justice, the Ministry of
Internal Affairs and the Ministry of Health, since 2010, whenever injuries are detected or if
convicted persons or remand prisoners have so requested, staff of the institution concerned
arrange for an independent examination to be conducted by specialists from the region’s
forensic medical institute.
123. In order to improve the training of health personnel, it was planned to train 62 doctors
and 148 nurses in the prison system in 2017. So far in 2017, 39 doctors and 66 nurses have
received refresher training or retraining, with certificates of their completion.
124. Furthermore, in accordance with the Plan of Action for the implementation of the
second phase of the project agreement on improving national human rights mechanisms and
effective implementation of the international obligations of Kazakhstan, curricula and
training manuals have been developed for judicial experts on implementation of the Istanbul
Protocol, with the involvement of the Office of the Procurator General and the Ministry of
Internal Affairs.
125. Since February 2017, the Office of the Procurator General, in collaboration with the
Ministry of Internal Affairs, has been implementing a project entitled “Towards a society
without torture”, which includes a specific section on the implementation in legal practice of
the Istanbul Protocol recommendations (recommendations made by United Nations experts
on the investigation of torture, independent of the country or any differences in criminal
procedure law).
GE.18-05420
15
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