CAT/C/KAZ/CO/2 page 7 crime, in accordance with the requirements of the Convention. Suspected perpetrators should, as a rule, be subject to suspension or reassignment during the process of investigation. Perpetrators subjected to disciplinary penalties should not be permitted to remain on their posts. 18. The Committee is also concerned that despite the criminalization of torture in 2002 in a separate article of the Criminal Code, it appears that when prosecuted, law enforcement officials continue to be charged with article 308 or 347 of the Criminal Code (“Excess of authority or official power” or “Coercion to make a confession” respectively) (art. 7). The State party should ensure that all acts of torture are prosecuted under the relevant article of the Criminal Code and that they are not considered as crimes of minor or moderate gravity and sentenced as such. The State party should also ensure that continuous training is mandatory for all sitting judges, prosecutors and lawyers to ensure implementation of new laws and amendments. Universal jurisdiction 19. The Committee is concerned that the State party can only establish its jurisdiction over acts of torture committed abroad by its nationals when the alleged offender is present in its territory or when the State party where the offence was committed apply a punishment for such acts of five years at least. In this respect, the Committee is concerned that this may lead to impunity when the country where the offence is committed is not a party to the Convention, or does not have a specific offence of torture in its legislation, or sanctions it with penalties of less than five years (art. 5). In order to avoid impunity, the State party should consider the double criminality requirement for the crime of torture and apply the aut dedere aut judicare principle when an alleged offender of acts of torture committed abroad is present in its territory, in accordance with article 5, paragraph 2, of the Convention. Training of personnel 20. The Committee regrets the paucity of information provided by the State party on training of law enforcement officials, penitentiary staff and medical personnel regarding the provisions of the Convention (art. 10). The State party should provide detailed information on the training provided to all law enforcement personnel and prison’s staff specifically on the provisions of the Convention and the United Nations Standard Minimum Rules for the Treatment of Prisoners. The State party should also provide information on specific training provided to its medical personnel dealing with detainees on how to identify signs of torture and ill-treatment in accordance with international standards, as outlined in the Istanbul Protocol. In addition, the State party should develop and implement a methodology to assess the effectiveness and impact of its training/educational programmes on cases of torture and ill-treatment and provide information about gender specific trainings.

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