A/69/44
welcome further inspections, the Committee remains concerned at information it has
received indicating the virtual absence of independent and regular monitoring of the places
of detention. The Committee is further concerned at the information it has received about
measures taken by the State party that have impeded the work of numerous independent
human rights organizations which previously operated in the State party. The Committee is
alarmed by the announcement in April 2013 by the International Committee of the Red
Cross that it was ceasing its visits to places of detention in the State party on the grounds
that it had been unable to follow its working procedures, rendering such visits “pointless”
(arts. 2, 11, 12 and 13).
The Committee urges the State party to establish a national system that
independently, effectively and regularly monitors and inspects all places of detention
without prior notice, reports publicly on its findings, and raises with the authorities
detention conditions or conduct in places of detention amounting to torture or illtreatment. The State party should amend its legislation, regulations and policies as
necessary to facilitate the reopening, granting of access to and full functioning of
independent national and international human rights and humanitarian organizations
in the State party. The State party should ensure that representatives of such
organizations are able to carry out independent, unannounced monitoring of all places
of deprivation of liberty, in accordance with their standard operating procedures.
Conditions of detention
(19) While the Committee appreciates the information from the State party regarding the
decrease in the number of prisoners in the correctional institutions of the State party, it is
concerned at the numerous reports of abuses in custody and deaths in detention, some of
which are alleged to have followed torture or ill-treatment. The Committee also remains
concerned regarding the conditions in the Jaslyk detention facility (arts. 2, 11 and 16).
The Committee reiterates its recommendation that the State party should improve
conditions of detention, including in the Jaslyk detention facility. The State party
should take prompt measures to ensure that all instances of death in custody are
promptly investigated and those responsible for any deaths resulting from torture, illtreatment or any other illegal actions are prosecuted.
Redress for victims of torture
(20) The Committee is concerned that, according to the information from the State party,
it has not awarded or provided any compensation to victims of torture in the reporting
period, despite provisions providing for the rights of victims to material and moral
rehabilitation in legislation. The Committee is further concerned at the lack of concrete
examples of cases in which individual victims of torture received medical or psychosocial
rehabilitation (art. 14).
The State party should ensure that victims of torture obtain redress and have an
enforceable right to fair and adequate compensation, including the means for as full a
rehabilitation as possible. The Committee draws the attention of the State party to its
general comment No. 3 (2012), which explains the content and scope of the obligations
of States parties to provide full redress to victims of torture and recommends
amending the domestic legislation accordingly.
Independence of the judiciary
(21) The Committee remains concerned that the judiciary remains weak, inefficient and
influenced by the executive, that judges lack security of tenure and that lower-level
appointments are made by the executive, which reappoints judges every five years (arts. 2,
12 and 13).
GE.14-12596
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