CAT/C/KAZ/CO/2
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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.