CAT/OP/KAZ/1/Add.1 209. Women convicted prisoners who have a child in an institution’s children’s unit are entitled to a short period of temporary release to place the child in the care of their spouse or relatives or in a children’s home. 210. Women convicted prisoners who have minor children with disabilities outside the institution are entitled to one short period of temporary release per year to see them. 211. Juvenile convicted prisoners and convicted prisoners who have a category I or II disability and require constant care for health reasons are allowed to be accompanied by a spouse, relative or other accompanying person during their period of temporary release. 212. Convicted prisoners’ applications for temporary release are considered within 24 hours. Periods of temporary release are granted by the director or the officer in charge with due regard to the requirements set out in article 113 (3) of the Penalties Enforcement Code and the conduct of the convicted prisoner in question. 213. Time that convicted prisoners spend outside the institution counts towards their sentence. 214. In accordance with article 116 of the Penalties Enforcement Code, children’s units can be set up in institutions in which female convicted prisoners with children are serving sentences. 215. These children’s units offer children the necessary conditions for a normal life and development. 216. Women convicted prisoners who have children aged under 3 years place them in an institution’s children’s unit and, when they are free from work, can spend as much time with their children as they wish. They are allowed to live with their children. 217. Point 6 of the plan of measures to implement the 2017–2019 comprehensive strategy for the social rehabilitation of citizens released from places of deprivation of liberty who are registered with the probation service, approved by Government Decision No. 912 of 29 December 2016, provides for a pilot project to be conducted at one of the institutions of the penal correction system to enable convicted prisoners to use modern information technology to have video visits from their families. 218. This promotes meaningful relationships and law-abiding behaviour and incentivizes early release. Paragraph 108 The Subcommittee recalls that disciplinary punishments should be strictly proportional, and recommends that the system of disciplinary punishment be reviewed, as current punishment terms are clearly excessive. Also, prisoners should be enabled to challenge disciplinary sanctions before an independent body. Imposing criminal sanctions, i.e. additional prison terms of several years, for disciplinary violations is excessive and suggests that the penitentiary system is deficient when dealing with offences by detainees. In the light of these findings, the Subcommittee recommends a revision of article 428 of the Criminal Code. The Subcommittee further recalls that disciplinary sanctions should not include the prohibition of family contact, and that no detainees should be employed, in the service of the prison, in any disciplinary capacity. 219. According to the Nelson Mandela Rules, discipline and order shall be maintained with no more restriction than is necessary to ensure safe custody, the secure operation of the prison and a well ordered community life. 220. All these aspects shall always be subject to authorization by law or by the regulation of the competent administrative authority. 221. In 2014, the Parliament adopted a new Penalties Enforcement Code to bring the conditions for serving sentences into line with the experience of developed States and international standards. 222. A progressive system of penalties enforcement has been introduced. It takes the form of a comprehensive inter-sectoral framework, which, when implemented, means that the GE.18-05420 25

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