CAT/C/KAZ/CO/2 page 6 and practices may expose individuals to the risk of torture. In particular, the Committee notes with concern allegations that the Minsk Convention on Legal Assistance for Persons from the Commonwealth of Independent States (CIS) does not protect CIS citizens who might have valid claims for refugee status from refoulement (arts. 3 and 8). The State party should adopt a legislative framework regulating expulsion, refoulement and extradition in fulfilment of its obligation under article 3 of the Convention. The State party should ensure that priority is given to the provisions of the Convention over any less protective bilateral or multilateral agreements on extradition and guarantee that persons whose application for asylum have been rejected can lodge an effective appeal. The State party should also ensure that its obligations under article 3 of the Convention are fully implemented whenever a person is subjected to expulsion, refoulement and extradition. 15. The Committee is concerned at credible reports that individuals have not been afforded the full protection provided for by article 3 of the Convention in relation to expulsion, return or deportation to neighbouring countries in the name of regional security, including the fight against terrorism. The Committee is particularly concerned at allegations of forcible return of asylum-seekers from Uzbekistan and from China and the unknown conditions, treatment and whereabouts of persons returned following their arrival in the receiving country (art. 3). The State party should ensure that no person is expelled, returned or extradited to a country where there are substantial grounds for believing that he/she would be in danger of being subjected to torture and that persons whose applications for asylum have been rejected can lodge an effective appeal with suspensive effect. The State party should also provide the Committee with statistical data, disaggregated by country of origin, about the number of persons who requested asylum, the status of the determination on those requests, and the number of persons subjected to expulsion, refoulement and extradition. 16. The Committee is concerned at the existence of a bilateral agreement between Kazakhstan and the United States of America whereby United States nationals present in the territory of Kazakhstan cannot be transferred to the International Criminal Court to be tried for war crimes or crimes against humanity (art. 9). The State party should take appropriate measures to review the terms of this agreement which prevents the transfer of United States nationals from the territory of Kazakhstan to the International Criminal Court, in accordance with the provisions of the Convention. The State party should also consider ratifying the Rome Statute of the International Criminal Court. Appropriate penalties 17. The Committee expresses concern that sentences of those convicted under Part 1 of article 3471 of the Criminal Code are not commensurate with the gravity of the offence of torture as required by the Convention (art. 4). The State party should amend Part 1 of article 347-1 of the Criminal Code to ensure that all punishment for acts of torture are at a level commensurate with the gravity of the