CAT/OP/KAZ/1/Add.1 106. If it is necessary to investigate circumstances that are significant to the adoption of a lawful and substantiated decision, the investigating judge may decide that a court hearing will be held, with the participation of the persons concerned and the procurator. Paragraph 44 The Subcommittee recommends that all arrested persons be immediately informed of the reasons for their arrest, and their rights as detainees, in a language they understand. 107. The recommendation of the Subcommittee cannot be maintained, given that provisions on informing individuals about their detention are already enshrined in national legislation. 108. One of the innovations in the Code of Criminal Procedure is the introduction of the Miranda rule, a short form of which is reflected in article 131 (1). In line with the rule, persons detained on suspicion of having committed a criminal offence are informed orally by the official of the investigating authority of the criminal offence that they are suspected of having committed and of their right to retain counsel, the right to remain silent and the fact that anything they say may be used against them in court. 109. It is also planned to introduce a coercive procedural measure of allowing up to three hours to ascertain whether a person has been involved in committing a criminal offence. That period is included in the period of detention as a suspect. 110. If the detainee does not speak Kazakh or Russian or cannot adequately understand the explanation of his or her rights at the time of the arrest due to intoxication with alcohol, drugs or other substances, or has a psychosomatic disorder, the rights of the suspect are explained in the presence of an interpreter, where necessary, and/or a lawyer before the start of the interrogation as a suspect, and that fact is noted in the record of the interrogation. 111. The right of a person deprived of liberty to inform family members or other close relatives of the detention is enshrined in article 64 (3) of the Code of Criminal Procedure: “Detained suspects may, by telephone or other means, promptly inform their place of residence or work of their arrest and place of detention. Where there are grounds to believe that a communication concerning the detention might hinder the pretrial investigation, the officer of the prosecuting agency conducting the arrest may independently notify adult family members or close relatives of the detainee. Such notification shall be carried out without delay.” Paragraph 48 Persons deprived of liberty must have access to legal counsel of their choice, and if needed, a State-provided lawyer. The Subcommittee recommends that the system and remuneration of State-provided lawyers be reviewed to ensure effective assistance is provided to suspects. Lawyers must be provided with unhindered access to their clients, without the need for any approval from prosecutors or investigators. 112. The constitutional provision guaranteeing the full realization of the right to a defence against accusation cannot be infringed by any procedural rules. 113. Under article 26 of the Code of Criminal Procedure, the legislator has provided suspects and accused persons with the right to defence. They may exercise this right themselves or with the assistance of a defence lawyer. In other words, the State does not prohibit suspects or accused persons retaining a lawyer of their choice. 114. Pursuant to article 68 of the Code of Criminal Procedure, suspects, witnesses who have the right to a defence, accused persons, defendants, convicted and acquitted persons have the right to invite several lawyers to act as their defence counsel. 115. Where defence counsel is provided from State funds, the payment of legal aid lawyers and the reimbursement of expenses associated with defence, representation and any reconciliation is covered from the State budget and provided for in the State Legal Aid Act and Kazakh legislation on administrative offences, criminal procedure and civil procedure. 14 GE.18-05420