CAT/C/KAZ/CO/2
page 5
11.
The Committee notes with concern the Government’s acknowledgement of frequent violations
of the Code of Criminal Procedure by State party officials as regards the conduct of an interrogation
within a 24-hour period, detention prior to the institution of criminal proceedings, notification of
relatives of the suspect or accused person of that person’s detention within 24 hours, and the right to
counsel. The Committee is also concerned that most of the rules and instructions of the Ministry of
Interior, the Prosecutor’s Office and especially the National Security Committee are classified as “for
internal use only” and are not in the realm of public documents. These rules leave many issues to the
discretion of the officials, which results in claims that, in practice, detainees are not always afforded
the rights of access to fundamental safeguards (art. 2).
The State party should ensure that all rules and instructions with regard to the custody,
detention and interrogation of persons subjected to any forms of arrest or detention are
made public. The State party should further ensure that every detainee can exercise the
right to access a lawyer, an independent doctor and contact a family member to ensure
effective protection from torture and ill-treatment from the moment of apprehension.
12.
The Committee notes with concern reports that law enforcement bodies sometimes use illegal
investigation methods during interrogations of minors, such as threats, blackmailing and sometimes
even physical abuse. Such interrogations are allegedly often conducted in the absence of the parents or
teacher of the minor, although their presence is required by law. The Committee is further concerned at
reports that juveniles may be held in pre-trial detention for prolonged periods and that they are often
not granted the right to receive relatives during that period (arts. 2 and 11).
The State party should increase its efforts to bring legislation and practice as regards the
arrest, detention and interrogation of juvenile offenders fully in line with internationally
adopted principles. The State party should, inter alia, ensure training of law enforcement
personnel to raise their professional qualification in working with juveniles, ensure that
deprivation of liberty, including pre-trial detention, is the exception and is used for the
shortest time possible and develop and implement alternatives to deprivation of liberty.
13.
The Committee is concerned that article 14 of the Code of Criminal Procedure provides for
forced placement of suspects and defendants at the stage of pre-trial investigation in medical
institutions in order to conduct a forensic psychiatric expert evaluation. The Committee notes with
further concern that the grounds for making such a decision are subjective and that the law fails to
regulate the maximum duration of forced placement into a medical institution, as well as to guarantee
the right to be informed of and to challenge methods of medical treatment or intervention (art. 2).
The State party should amend the Code of Criminal Procedure so as to ensure that
compulsory placement of suspects and defendants at the stage of pre-trial investigation
into medical facilities to conduct forensic psychiatric expert evaluation must be pursuant
to a court decision and based on objective criteria. The State party should also ensure that
the duration of such placement is limited by law and that suspects and defendants have the
right to be informed of and to challenge methods of medical treatment or intervention.
Non-refoulement
14.
The Committee is concerned at the lack of a legislative framework regulating expulsion,
refoulement and extradition. Even if fewer extraditions have been reported since 2005, the Committee
is concerned at the fact that the State party’s current expulsion, refoulement and extradition procedures