CAT/OP/KAZ/1/Add.1
Paragraph 99
To ensure that freedom of religion is respected in all places of deprivation of liberty,
the Subcommittee recommends that prisoners be granted access to religious services,
to books of religious observance and to instruction in prison in accordance with
international norms, in particular rule 66 of the Nelson Mandela Rules.
189. Convicted prisoners are guaranteed the right to freedom of conscience and religion.
This right is governed by the Act of 11 October 2011 on Religious Activities and Religious
Organizations, article 13 of the Penalties Enforcement Code and the Instruction on the
creation of conditions for the performance of religious rituals by persons sentenced to
deprivation of liberty, which was approved by Ministry of Internal Affairs Order No. 503 of
8 August 2014.
190. The administration of an institution makes facilities available for meetings between
convicted prisoners and religious officials. These facilities are fitted with essential
equipment of no religious significance, including a table and chairs. Audiovisual equipment
has been installed in them so that religious-themed materials can be listened to and watched.
191. The administration of an institution or body responsible for the enforcement of
sentences facilitates the performance of religious rituals and ensures the personal safety of
religious officials.
192. Religious literature, other written materials of a religious nature and items of
religious significance can be brought into the institution only after they have undergone a
religious expert assessment and the results have been received. Such materials or items are
stored in the library of the institution. When necessary, they are used as part of religious
rituals conducted during visits from representatives of religious associations. Convicted
prisoners use them on an individual basis in the reading room of the library at a set time in
the daily schedule. In this connection, we consider it inappropriate to introduce
amendments to the Act.
193. In addition, according to paragraph 11 of Ministry of Internal Affairs Order No. 503
of 8 August 2014 approving the Instruction on the creation of conditions for the
performance of religious rituals by persons sentenced to deprivation of liberty, convicted
prisoners are allowed to perform religious rituals individually, near their sleeping area; this
is also in line with rule 66 of the Nelson Mandela Rules.
Paragraph 100
The Subcommittee recommends that parading and marching, reciting the list of
crimes of which one is convicted, answering in chorus and forced shaving be
discontinued, as they do not constitute effective means of achieving the aims spelled
out in legislation and are not in accordance with rule 36 of the Nelson Mandela Rules.
194. Point 41 of the internal regulations of institutions of the penal correction system
approved by Ministry of Internal Affairs Order No. 819 of 17 November 2014 stipulates
that convicted prisoners are moved around the grounds of the institution in organized
groups, wearing the correct uniform, and are accompanied by a representative of the
administration of the institution. An exception is made for minimum-security institutions,
where convicted prisoners are moved in formation only for the purposes of inspections and
mealtimes.
Paragraph 101
The Subcommittee observed that documentation of movements inside and outside
prisons is not consistent or systematic, which leads to loopholes. The Subcommittee
therefore recommends improving the system of registers to ensure that it is always
clear who is responsible for a detainee at a given moment.
24
GE.19-01981
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