CAT/OP/KAZ/1/Add.1 status of convicted prisoners depends on the extent to which they reform their behaviours; their rights are correspondingly increased or decreased in number. 223. Under article 132 of the Penalties Enforcement Code, the circumstances of a particular violation, the character of the convicted prisoner concerned and his or her past conduct are taken into account in the imposition of sanctions. 224. The sanctions imposed are commensurate with the gravity and nature of a particular violation, taking into account the circumstances in which it was committed, the character of the convicted prisoner concerned and his or her past conduct. 225. For example, preventive discussions are held with convicted prisoners of good character as an alternative to the imposition of disciplinary sanctions. 226. The new Penalties Enforcement Code sets out criteria for determining the gravity of an offence and also regulates the procedure for establishing disciplinary responsibility. 227. The following criteria for assessing the gravity of a violation are taken into account in the imposition of disciplinary measures on convicted prisoners: (1) The content and nature of the violation; (2) Information attesting to a convicted prisoner’s character and his or her attitude towards all aspects of the penal correction regime and educational measures; (3) The motive and seriousness of the violation (whether it was intentional or resulted from negligence); (4) Mitigating circumstances (i.e., it is a first violation, the convicted prisoner admits the violation, or the violation did not have any negative consequences or cause damage to the institution’s property or to other persons); (5) Aggravating circumstances (i.e., it is a repeat violation, was committed under the influence of alcohol or drugs, had negative consequences or caused damage to the institution’s property or to other persons). 228. The sanctions imposed must begin with the least severe and progressively increase in severity. 229. Convicted prisoners have the right to qualified legal assistance in the form of, inter alia, consultations, certificates and the preparation of legal documents, in accordance with the procedure established in national law. 230. Meetings with lawyers do not count towards the number of the meetings set out in the Penalties Enforcement Code and are unlimited in number and duration. Moreover, conversations must be held in private, if a convicted prisoner so wishes. The codification of this right satisfies the recommendations made in rule 93 of the Nelson Mandela Rules. 231. Pursuant to article 10 of the Penalties Enforcement Code, convicted prisoners have the right to make oral and written proposals, applications and complaints to an institution or body responsible for the enforcement of sentences, higher bodies, the court, procuratorial bodies, other State bodies, officials, voluntary organizations and international organizations that protect human rights and freedoms, in accordance with national legislation. Paragraph 111 The Subcommittee recalls that rule 12 (2) of the Nelson Mandela Rules requires careful selection of those confined to the same room. 232. Article 94 of the Penalties Enforcement Code clearly regulates matters relating to the separation of women, juveniles, persons with infectious diseases and persons with previous convictions. 233. The Office of the Procurator General and the Committee on the Penal Correction System are currently discussing the possibility of grouping convicted prisoners in accordance with the level of social danger of the acts that they have committed and the gravity of their offences. 26 GE.18-05420