CAT/OP/KAZ/1/Add.1
244. All convicted prisoners, irrespective of their length of sentence, have equal access to
everyday products (food, clothes and other essential items) and to recreational opportunities
(reading newspapers and magazines and watching television).
245.
No differentiation is made on these issues.
246. The conditions of detention are the only variable; they depend on the regime under
which a sentence is being served (ordinary, relaxed or strict).
247. In accordance with article 127 of the Penalties Enforcement Code, it has been made
possible for prisoners serving life sentences and those in prison hospitals to receive primary,
basic secondary and general secondary education.
248. It has been made possible for prisoners serving life sentences and those in prison
hospitals to receive primary, basic secondary and general secondary education.
249. Convicted prisoners are encouraged to take primary, basic secondary and general
secondary education, and their willingness to do so is taken into account in appraising their
behaviour and preparing a character assessment.
250. Under article 141 of the Penalties Enforcement Code, prisoners serving life sentences
are entitled to a daily walk lasting:
(1)
One hour for those held under the strict regime
(2)
One and a half hours for those held under the ordinary regime
(3)
Two hours for those held under the relaxed regime
Paragraph 122
In that spirit, the Subcommittee recommends discontinuing the overemphasis on
security and, in particular, the degrading procedure followed when taking prisoners
serving life sentences out of their cells, and putting an end to the excessive use of
systematic security measures.
251. Rule 11 of the Nelson Mandela Rules stipulates that different categories of prisoners
shall be kept in separate institutions or parts of institutions, taking account of their sex, age,
criminal record, the legal reason for their detention and the necessities of their treatment.
252. Rule 37 of the Nelson Mandela rules refers to any form of involuntary separation from
the general prison population, such as solitary confinement, isolation, segregation, special
care units or restricted housing, whether as a disciplinary sanction or for the maintenance of
order and security, including promulgating policies and procedures governing the use and
review of, admission to and release from any form of involuntary separation.
253. National laws and regulations provide for special treatment for prisoners serving life
sentences.
254. Moreover, rule 89 of the Nelson Mandela Rules stipulates that the fulfilment of these
principles requires individualization of treatment and for this purpose a flexible system of
classifying prisoners in groups. It is therefore desirable that such groups should be distributed
in separate prisons suitable for the treatment of each group.
255.
According to rule 93 of the Nelson Mandela Rules, the purposes of classification are:
(a)
To separate from others those prisoners who, by reason of their criminal records or
characters, are likely to exercise a bad influence
(b)
To divide the prisoners into classes in order to facilitate their treatment with a view to
their social rehabilitation
256. So far as possible, separate prisons or separate sections of a prison shall be used for
the treatment of different classes of prisoners.
257. In addition, preliminary observation 2 of the Nelson Mandela Rules stipulates that, in
view of the great variety of legal, social, economic and geographical conditions of the world,
it is evident that not all of the rules are capable of application in all places and at all times.
They should, however, serve to stimulate a constant endeavour to overcome practical
28
GE.18-05420
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