CAT/OP/KAZ/1/Add.1
in accordance with the Convention: “Civil claims in cases concerning the criminal offences
established under articles 146 and 146-4 of the Criminal Code are brought against the State
as represented by the government body responsible for the offence.”
Paragraph 76
The Subcommittee recommends that opportunities for paid work, exercise and
educational, recreational and cultural activities be provided, and that freedom of
religion and belief be respected. The bowing of heads, recital by detainees of the articles
that they are accused of having violated, the wearing of uniforms and forced shaving
should be discontinued.
162. In accordance with article 119 of the Penalties Enforcement Code, the administration
of an institution undertakes to create paid jobs for all convicts who are fit to work.
163. To date, 249 business entities have had inactive production facilities placed under
their trusteeship, creating jobs for more than 3,000 people.
164. Under a self-employment model, 19 convicted prisoners in the institutions have begun
producing souvenirs, footwear and furniture and growing vegetables.
165. Quarterly working meetings are held with representatives of the Atameken regional
chambers of entrepreneurs and business communities to discuss the engagement of business
entities with institutions of the penal correction system. Departments of the penal correction
system and local executive bodies hold exhibitions, open-doors days and craft fairs.
166. As at mid-2017, 12,308 convicted prisoners, or 69 per cent of those fit to work, had
paid jobs.
167. In accordance with article 123 of the Penalties Enforcement Code, the Committee on
the Penal Correction System organizes technical and vocational training for convicted
prisoners who do not have a trade.
168. Trade colleges are being set up in places of deprivation of liberty. Vocational training
is currently available in 47 institutions of the penal correction system in 35 specialisms,
including carpentry, plastering, plumbing, gas and arc welding, milling machine operation,
sewing, baking, cookery and roofing. At the end of the 2016/17 academic year, 2,594
convicted prisoners received diplomas on the successful completion of their trade college
training.
169. In 2017, 11.4 million tenge was set aside from the national budget to purchase
stationery, household items and other goods to strengthen the industrial training base of
colleges.
170. Regulations governing educational activities for persons sentenced to deprivation of
liberty were approved by Ministry of Internal Affairs Order No. 508 of 13 August 2014. They
cover educational activities for convicted prisoners and the organization of cultural events
and sporting competitions.
171. The Office of the Procurator General has drawn up a comprehensive action plan to
combat torture. It provides for amendments to the departmental regulatory instruments of the
penitentiary system, including those concerning the penal correctional system, aimed at
abolishing marching, drill practice and other educational and corrective measures not
provided for in the Penalties Enforcement Code in order to ensure the safety of prisoners and
protect their rights.
Paragraph 79
While international norms and standards allow for some limitations on contact with the
family during pretrial detention, the Subcommittee recommends that such limitations
be justified and regularly reviewed. Current rules seem overly restrictive.
172. In accordance with article 17 of the Act on Procedures and Conditions for the Custody
of Persons in Special Temporary Detention Facilities, private and confidential meetings with
defence lawyers, relatives and other persons are granted on the basis of written permission
20
GE.18-05420
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