CAT/OP/KAZ/1/Add.1
Paragraph 52
The Subcommittee recommends that a single online registry be established to avoid
duplication and confusion. The system should allow for a quick search of any person,
to ensure that information can be accessed as needed by the prosecutors, next of kin
and lawyers. The State party must ensure that all detainees and arrestees are registered
and accounted for, and that their exact location is known at all times.
126. As part of the implementation of the Government’s “Information Kazakhstan-2020”
programme, a centralized computer database for the penal system has been set up and brought
into operation.
127.
It has been linked to the information systems of State agencies, as follows:
• The Special Records automated information system of the Committee for Legal
Statistics and Special Records under the Office of the Procurator General;
• The Government’s database on private individuals, through the law enforcement and
specialized agencies information exchange system;
• The Ministry of Internal Affairs integrated data bank;
• The automated information system of the Ministry of Justice enforcement agencies.
128. The information is updated regularly with information on persons arriving in penal
correction system institutions entered on a daily basis.
Paragraph 55
The Subcommittee recommends that detainees be brought before a judge as soon as
possible, without waiting for the 72 hours authorized by law to lapse, and to reduce that
period from 72 to 48 hours as an additional safeguard against torture and ill-treatment.
It also recommends that all hearings regarding initial detention and its prolongation be
conducted in the presence of the detained persons and their lawyers. During the
hearings, judges should inquire into the well-being of detainees and, where there is
suspicion of torture, order an immediate and effective investigation. Detained persons
must be able to challenge their detention at any time, at reasonable time intervals. The
procedure for the initial detention and its periodic review and prolongation should be
under judicial supervision and beyond the control of investigators, prosecutors and
detaining authorities.
129. This norm is contained in existing legislation. In accordance with article 147 (2) of
the Code of Criminal Procedure, where it is necessary to choose detention as a preventive
measure, then, in accordance with article 140, the person conducting the pretrial investigation
issues the order to apply to the court to obtain authorization to use the measure. Certified
copies of the case file confirming the validity of the application are attached. The order
concerning the choice of preventive measure, the application to the court for authorization to
use that measure and all supporting documentation should be submitted to the procurator no
later than 18 hours before the expiry of the detention period.
130. Paragraph 4 of the same article provides that the agreement of the procurator to the
order of the person conducting the pretrial investigation authorizing the detention and the
supporting documentation must be submitted to the investigating judge no later than 12 hours
before the expiry of the period of detention, and the persons concerned are informed.
131. Pursuant to article 148 (2), the investigating judge shall, no later than eight hours after
receipt of the documentation by the court, in compliance with the procedure prescribed in
article 56 and in the presence of the procurator, the suspect or accused person, and the defence
counsel, consider the application for authorization of detention as a preventive measure. A
legal representative and a representative also have the right to participate in the court hearing.
If the participants mentioned have been given due notification by the court of the place and
time of the hearing, their non-attendance does not prevent the hearing from taking place.
16
GE.18-05420
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents