CAT/C/KAZ/CO/2 page 11 The Committee reiterates its previous recommendation (A/56/44, para. 129(f)) that the State party should take measures to permit defence counsel to gather evidence and to be involved in the case from the very start of the detention period. The State party should also guarantee the independence and quality of State-funded legal aid and continue to improve the level of legal education and introduce continuous legal education and training so as to raise the level of professionalism of lawyers. Compensation and rehabilitation 28. While welcoming the information provided by the delegation that victims of torture have the possibility to be compensated, the Committee is concerned, nevertheless, at the lack of examples of cases in which the individual received such compensation, including medical or psychosocial rehabilitation. The State party should provide compensation, redress and rehabilitation to victims, including the means for as full rehabilitation as possible, and provide such assistance in practice. Evidence obtained through torture 29. While welcoming the assurance given by the delegation that judges reject such evidence in court proceedings, the Committee notes however with grave concern reports that judges often ignore the complaints of torture and ill-treatment, do not order independent medical investigations, and often proceed with the trials, therefore not respecting the principle of non-admissibility of such evidence in every instance (art.15). As recommended in the previous concluding observations of the Committee (A/56/44, para. 129(d)), the State party should take immediate steps to ensure that in practice evidence obtained by torture may not be invoked as evidence in any proceedings. The State party should review cases of convictions based on confessions that may have been obtained through torture or ill-treatment, and ensure adequate compensation to victims and prosecution of those responsible. Violence against women 30. The Committee expresses it concern at the prevalence of violence against women in Kazakhstan, in particular domestic violence. The Committee notes that a draft law on domestic violence is being elaborated but it expresses concern that its adoption has been delayed. The Committee notes the lack of information about prosecutions of persons in connection with cases of violence against women (arts. 2, 7 and 16). The State party should ensure protection of women by speedily enacting the draft law on domestic violence and adopting measures to prevent in practice such violence. The State party should cooperate with non-governmental crisis centres for women and provide for protection of victims, access to medical, social and legal services and temporary accommodation. Perpetrators should also be punished in accordance with the gravity of the act of torture or ill-treatment.

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