Situation during the visit
(A/HRC/13/39/Add.3, A/HRC/16/52/Add.2)
Players in criminal justice system do not
denounce cases of torture;
Penalties for torture are not commensurate.
Information received in the reporting period
Non-governmental sources: The authorities introduced a
number of measures intended to prevent torture, including
widening access to places of detention to independent
public monitors and committing publicly to a policy of
Government: A number of normative-legal zero tolerance on torture.
acts on combating torture and protecting
detainees‘ rights were adopted, including:
During the UPR review in February 2010, the Government
- Law of the Republic of Kazakhstan of 10 delegation reiterated that the Kazakhstani authorities were
December 2009, ―On amending and
committed to a policy of zero tolerance on torture, and that
supplementing several legal acts with a view they ―would not rest until all vestiges of torture had been
of improving the system of execution of
fully and totally eliminated‖.
punishment and the correctional system‖;
- Decree No 1039 of the President ―On the However, human rights and prison reform monitors report
measures of increasing the effectiveness of that the public condemnation of torture has been confined
the judiciary and law enforcement bodies in to statements and directives by national entities and
the Republic of Kazakhstan‖;
officials, such as the Office of the Prosecutor General in
- Government decree No 71 of February
the capital Astana, senior officials at the Ministries of
2010, approving the Government‘s Plan of Internal Affairs and Justice, the Presidential
Action for 2010-2012 on the
Administration. At regional and local levels no such public
implementation of the recommendation of
statements have reportedly been made and human rights
the UN Committee against Torture;
monitors have expressed serious concern that directives
- Normative decree No 7 of the Supreme
from central national offices are not implemented by
Court of 28 December 2009 ―On the
regional and local law enforcement forces.
administration of criminal and criminalprocedural norms on the issues of personal
liberties and freedoms, personal security and
dignity, fight against torture and other cruel,
inhuman or degrading treatment or
punishment‖;
- The Prosecutor General‘s decree No 7 of 1
February 2010 about ―Instructions on
revision of complaints about torture and
other illegal methods of ill-treatment of
persons involved in criminal proceedings
and deprived of their liberty, and their
A/HRC/19/61/Add.3
166
Recommendation
(A/HRC/13/39/Add.3)
Impunity (para. 80)
(a) Publicly condemn torture and illtreatment and unequivocally state that torture
is a serious crime, in order to rebalance the
current situation, where criminals are easily
deprived of their liberty, often for very long
periods, whereas law enforcement officials
who break the law receive lenient sentences.
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