CAT/OP/KAZ/1/Add.1
the Internal Affairs Agencies Act; it comprises the central department, its local offices (the
provincial departments), penal correction facilities and other subordinate organizations.
134. Furthermore, in 2013, in the country’s third periodic report to the Committee against
Torture, approved by Government Decision No. 617 of 18 June 2013, Kazakhstan officially
stated on an international stage that: “One sign of the commitment to the Convention’s
principles and provisions is the preservation of the independence of the penal correction
system. Notwithstanding the transfer of this structure to the Ministry of Internal Affairs, the
prison system has retained its own independent administrative body: the Ministry’s
Committee on the Penal Correction System at national level and the Committee’s
provincial departments at local level.” This remains the official position.
Paragraph 60
The Subcommittee views with concern the many transfers between different
institutions. Transfers of detainees should be kept to a minimum. As the default
option, investigators should travel to the pretrial or temporary detention facilities to
question detainees. If investigators consider transfers elsewhere strictly necessary,
they should be required to justify those transfers. The Subcommittee recommends
that movements of suspects be recorded accurately in order to track their
whereabouts.
135. In accordance with article 150 (2) of the Code of Criminal Procedure (prison
transfers), the movement of suspects, accused persons and defendants held in detention as a
preventive measure from one detention facility to another for the purposes of the
investigation takes place on the decision of the procurator or of the person conducting the
pretrial investigation, with the authorization of the procurator.
Paragraph 61
The Subcommittee recommends that the Government bring the conditions of
detention in police stations into compliance with international standards, including
the conditions of detention during transfers, by ensuring that cells have sufficient
daylight, ventilation and space and by providing detainees with water and food.
136. Living space per prisoner in institutions of the penal correction system has been
increased from 2.5 m2 to 3.5 m2 for men, 4 m2 for women, 5 m2 in hospitals and 6.5 m2 for
minors.
137. Kazakhstan pays particular attention to improving the conditions for detainees and
prisoners.
138. Places of deprivation of liberty currently meet international standards. This is
reflected in the results of visits conducted by United Nations special international experts
and human rights NGOs.
139. One area of activities in which the country’s penitentiary system is being brought in
line with international standards is that prisoners are now permitted to move around and see
other persons during the day, while they are held in isolation in a separate room at night.
This form of detention is the most suitable and safe for the prisoners.
140. Measures are being taken in respect of both infrastructure and amenities to improve
detention conditions in correctional facilities.
141. Since 2011, nutritional standards for convicted prisoners have been improved, with
the daily food ration increased to 26 items; as a result, there are practically no complaints
about food quality and nutritional norms.
142. In temporary detention facilities, three meals a day are provided by local commercial
catering companies.
143. The length of time during which bedding is used has been reduced and the quality of
non-food items has been improved.
18
GE.19-01981
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