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
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