CAT/OP/KAZ/1
C.
Women in detention
128. As in other colonies, detainees in the women’s colony in Zhaugashty village in
Almaty Oblast lived in dormitories. In that colony, women with children under 3 years of
age benefit from a special arrangement that allows them to spend most of the day with their
children. The law allows for “children’s houses”, where conditions necessary for normal
life and the development of the children are to be guaranteed.38 Outside of their working
hours, convicted women can visit their children there, without restrictions. Upon the request
of the mother, or at the latest when a child reaches 3 years of age, children are sent to
relatives or orphanages and the usual, restrictive visit conditions apply.
129. More generally, the penitentiary system lacks the flexibility to meet women’s
special needs and, since there are fewer colonies for women, women tend to be cut off from
their families and friends even more than male prisoners are. Women also indicated that
they found the marching and parading difficult.
130. The Subcommittee recommends allowing mothers and their small children to
live together in conditions that maximally resemble life in the community. In the light
of rule 52 (3) of the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules), special
transitional measures in terms of ensuring further contact should be considered once
children have reached the age of 3. In line with rule 59 of the Nelson Mandela Rules,
prisoners should be allocated, to the extent possible, to prisons close to their homes.
D.
Children in detention
131. The Subcommittee welcomes the many efforts to reduce the number of children in
detention and improvements regarding their rehabilitation and education. The delegation
notes the generally good conditions in the Almaty juvenile colony, in particular the
abundant dedicated staff, good medical equipment and access to schooling and sports
facilities, as well as efforts aimed at rehabilitation and reintegration. Also, it appeared that
the disciplinary cell had not been used for some time. At the same time, some stigmatizing
practices continued, such as forced shaving of heads and the wearing of uniforms and
badges listing the crimes committed and the sentence.
132. Four girls held in the women’s prison were detained separately and were attending
school classes as the delegation visited. Boys in several pretrial detention facilities visited
by the Subcommittee were held in the same cell with either one or more adult men who
were not members of their family. Some of these cells, for example at the Kostanay pretrial
detention facility, had no daylight entering and no ventilation.
133. In relation to the juvenile colony visited, the Subcommittee recommends that
further measures be taken to ensure that life inside the colony prepares children for
life in the community, in particular the facilitation of more regular contact with the
community and the discontinuance of all stigmatizing measures, including the shaving
of heads and wearing of uniforms and badges. When boys are placed in close contact
with adults, which is the case in pretrial detention, it must be in their best interest and
should be done, as stipulated in the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty, as part of a special programme that has been
shown to be beneficial for the juveniles concerned.
VII. Other institutions under the Subcommittee mandate
Ministry of Health
134. The Subcommittee visited a number of psychiatric institutions and drug
rehabilitation centres. According to official information, at the time of the visit about 3,000
persons were being held in psychiatric, drug rehabilitation and tuberculosis institutions. In
38
20
Criminal Execution Code, art. 116.
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