CAT/OP/KAZ/1/Add.1 87. The report contains recommendations to government bodies on improving the treatment of persons held in places of deprivation of liberty and proposals for improving legislation. 88. It is sent to the mandated government agency for consideration and is posted on the website of the Human Rights Commissioner, in accordance with article 23 of the Optional Protocol, no later than one month from the date of its approval by the Coordinating Council. 89. In line with legislation, within three months of the date on which they receive the annual consolidated report of the national preventive mechanism members in written form, the government agencies responsible inform the Human Rights Commissioner of the measures they have taken as a result of the reports received, and thus ensure that implementation of the recommendations is monitored. Paragraph 36 The Subcommittee is of the view that the overemphasis of punishment and the cumulative effect of restrictions, rigid discipline and military parading are unlikely to help reach the objectives of the penitentiary system, and may amount to degrading treatment. The Subcommittee recommends that the penitentiary system shift its focus from excessive disciplinary punishment towards rehabilitation and reintegration. 90. Presidential Decree No. 387 of 8 December 2016 approved the 2017–2019 comprehensive strategy for the social rehabilitation of citizens released from places of deprivation of liberty who are registered with the probation services. 91. An action plan for the implementation of the 2017–2019 strategy was adopted on 29 December 2016, under Government Decision No. 912. The plan includes a number of measures aimed at the rehabilitation of individuals who have been released from prison on probation, including changes to existing legislation, pilot projects, the involvement of NGOs, the development of mechanisms and other measures to strengthen the probation services. Paragraph 38 The Subcommittee notes the authorities’ indications that a review of the definition of torture in the Criminal Code is under way. In that context, the Subcommittee reiterates the recommendation of the Committee against Torture to bring that definition into conformity with the one contained in the Convention and ensure that perpetrators convicted of having committed torture or ill-treatment are punished with appropriate penalties that are commensurate to the gravity of the crime. 92. With the introduction of the new Criminal Code, criminal responsibility for torture has been tightened. In Kazakhstan, torture is defined as the infliction of any pain, even in the absence of any harm to health. The maximum penalty is 12 years’ imprisonment. 93. Perpetrators may be law enforcement officers (investigators and persons conducting initial inquiries) but may also be other officials or other persons who have used torture at the instigation or with the acquiescence of law enforcement officers. 94. Persons who have committed torture may not be exempted from criminal liability as a result of the statute of limitations or of an amnesty. 95. The Office of the Procurator General and the government agencies responsible are preparing the fourth periodic report on the measures taken by Kazakhstan to implement the Convention against Torture. 96. The Office of the Procurator General has developed an outline bill amending legislation on combating torture and other ill-treatment or punishment and a plan of comprehensive measures to combat torture (start date: April 2016; presentation of the project: 23 February 2017; objective: effective prevention and eradication of the causes and conditions of torture in Kazakhstan; deadline: 2 years (December 2018)). 12 GE.19-01981