CAT/OP/KAZ/1
111. The Subcommittee recalls that rule 12 (2) of the Nelson Mandela Rules requires
careful selection of those confined to the same room.
5.
Health care
112. While basic medicine is available almost everywhere, supplies of special medicine
and access to specialized treatment are inconsistent and sometimes unduly restricted, in
particular with respect to dental care. In several institutions the administration informed the
Subcommittee that it was difficult to fill vacancies and that outside physicians had to be
brought in. The delegation was told repeatedly that the prison administration does not send
ailing detainees to specialized health-care institutions. In the places visited, no drug
treatment was available. HIV treatment was managed by the regional HIV centres.
113. The Subcommittee observed that conditions in medical units were often stricter than
those in other parts of colonies, with prisoners having nothing to do. It also received
allegations that the confidentiality of medical files was not always respected.
114. The Subcommittee recommends ensuring that prisoners enjoy standards of
health care that are the same as those enjoyed by persons in the community, without
discrimination, including access to dentists.33 Prompt access to medical attention in
urgent cases needs to be ensured, including through transfer to specialized institutions
or civil hospitals. 34 Medical files should be subject to medical confidentiality. 35
Authorities are called upon to encourage the voluntary participation of individuals
with drug use disorders in treatment programmes, with the informed consent of those
individuals.36
115. The Subcommittee recommends taking measures to combat discrimination
against prisoners on the basis of illness, including by ensuring that persons in medical
units are not subjected to conditions that are stricter than those imposed on other
prisoners.
6.
Persons sentenced to life imprisonment
116. During the visit to the special security establishment UK-161/3 in Zhetygara, the
Subcommittee found 121 detainees serving life sentences, 28 of whom had had their earlier
death sentences commuted to life imprisonment. Following the abolition of the death
penalty and the introduction of life imprisonment, the number of prisoners serving life
sentences has continued to grow. The prison administration informed the Subcommittee
that additional blocks for such detainees were to be built in the near future. The two
existing blocks are maximum security.
117. Detainees can be held in strict, common or soft conditions, 37 which determines,
among other things, the amount of money they may spend, the length of their walks
(between one and two hours) and the number of visits and parcels they may receive, for
example, six parcels and four short and four long visits per year under soft conditions, but
only two parcels and three short visits per year under strict conditions. Another feature is
that movement from stricter to softer conditions occurs after 10 years, that is, violations
lead to the prolongation of strict conditions of detention for 10 years.
118. The Subcommittee observed that all persons sentenced to life imprisonment were
considered dangerous, which led to harsh security measures that were partly stigmatizing.
Detailed descriptions of the crimes committed are posted on cell doors. Individuals
sentenced to life imprisonment are given specific uniforms indicating their status; they must
present themselves by reciting the article of the Criminal Code that they violated and
stating the length of their sentence.
33
34
35
36
37
18
Ibid., rules 24 and 25.
Ibid., rule 27.
Ibid., rule 26.
General Assembly resolution S-30/1, annex.
Criminal Execution Code, art. 141.
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