CAT/C/KAZ/CO/2
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The Committee reiterates its previous recommendation (A/56/44, para. 129(f)) that the
State party should take measures to permit defence counsel to gather evidence and to be
involved in the case from the very start of the detention period. The State party should also
guarantee the independence and quality of State-funded legal aid and continue to improve
the level of legal education and introduce continuous legal education and training so as to
raise the level of professionalism of lawyers.
Compensation and rehabilitation
28.
While welcoming the information provided by the delegation that victims of torture have the
possibility to be compensated, the Committee is concerned, nevertheless, at the lack of examples of
cases in which the individual received such compensation, including medical or psychosocial
rehabilitation.
The State party should provide compensation, redress and rehabilitation to
victims, including the means for as full rehabilitation as possible, and provide
such assistance in practice.
Evidence obtained through torture
29.
While welcoming the assurance given by the delegation that judges reject such evidence in
court proceedings, the Committee notes however with grave concern reports that judges often ignore
the complaints of torture and ill-treatment, do not order independent medical investigations, and often
proceed with the trials, therefore not respecting the principle of non-admissibility of such evidence in
every instance (art.15).
As recommended in the previous concluding observations of the Committee
(A/56/44, para. 129(d)), the State party should take immediate steps to ensure
that in practice evidence obtained by torture may not be invoked as evidence in
any proceedings. The State party should review cases of convictions based on
confessions that may have been obtained through torture or ill-treatment, and
ensure adequate compensation to victims and prosecution of those responsible.
Violence against women
30.
The Committee expresses it concern at the prevalence of violence against women in
Kazakhstan, in particular domestic violence. The Committee notes that a draft law on domestic
violence is being elaborated but it expresses concern that its adoption has been delayed. The
Committee notes the lack of information about prosecutions of persons in connection with cases of
violence against women (arts. 2, 7 and 16).
The State party should ensure protection of women by speedily enacting the draft
law on domestic violence and adopting measures to prevent in practice such
violence. The State party should cooperate with non-governmental crisis centres
for women and provide for protection of victims, access to medical, social and
legal services and temporary accommodation. Perpetrators should also be
punished in accordance with the gravity of the act of torture or ill-treatment.