CAT/C/KAZ/CO/2 page 3 C. Main subjects of concerns and recommendations Definition of torture 6. While the Committee acknowledges the efforts made by the State party to enact new legislation incorporating the definition of torture of the Convention into domestic law, it remains concerned that the definition in the new article 347-1 of the Criminal Code does not contain all the elements of article 1 of the Convention, restricts the prohibition of torture to the actions of “public officials” and does not cover acts by “other persons acting in an official capacity”, including those acts that result from instigation, consent or acquiescence of a public official. The Committee notes further with concern that the definition of article 347-1 of the Criminal Code excludes physical and mental suffering caused as a result of “legitimate acts” on the part of officials (art. 1). The State party should bring its definition of torture fully into conformity with article 1 of the Convention, so as to ensure that all public officials can be prosecuted under article 3471 of the Criminal Code and to make a distinction between acts of torture committed by or at instigation of or with consent or acquiescence of public official or any other person acting in an official capacity. The State party should also ensure that only pain or suffering arising from, inherent in or incidental to lawful sanctions are excluded from the definition. Torture and ill-treatment 7. The Committee is concerned about consistent allegations concerning the frequent use of torture and ill-treatment, including threat of sexual abuse and rape, committed by law enforcement officers, often to extract “voluntary confessions” or information to be used as evidence in criminal proceedings, so as to meet the success criterion determined by the number of crimes solved (arts. 2, 11 and 12). The State party should apply a zero-tolerance approach to the persistent problem of torture and cruel, inhuman or degrading treatment or punishment, in particular: (a) Publicly and unambiguously condemn practices of torture in all its forms, directing this especially to police and prison staff, accompanied by a clear warning that any person committing such acts or otherwise complicit or participating in torture or other illtreatment be held responsible before the law for such acts and subject to penalties proportional with the gravity of their crime; (b) Establish and promote an effective mechanism for receiving complaints of sexual violence, including in custodial facilities, and ensure that law enforcement personnel are trained on the absolute prohibition of sexual violence and rape in custody, as a form of torture, as well as on receiving such type of complaints; (c) Change the performance evaluation system of investigators so as to eliminate any incentive for obtaining confessions and take additional measures in the field of human rights education of police officers. 8. The Committee is particularly concerned about allegations of torture or other illtreatment in temporary detention isolation facilities (IVSs) and in investigation isolation facilities (SIZOs) under the jurisdiction of the Ministry of Internal Affairs or National