CAT/OP/KAZ/1
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment carried out its first regular visit to Kazakhstan from 20 to 29 September
2016.
2.
The Subcommittee members conducting the visit were: Victor Zaharia (head of
delegation), Arman Danielyan, Marija Definis-Gojanovic and Paul Lam Shang Leen (focal
point on reprisals). The Subcommittee was assisted by three human rights officers from the
Office of the United Nations High Commissioner for Human Rights, United Nations
security officers and interpreters.
3.
During the visit, the Subcommittee conducted more than 40 visits to places of
deprivation of liberty. The members visited police stations, temporary detention facilities,
pretrial detention facilities (SIZOs), correctional establishments, prisons, military detention
facilities, correctional rehabilitation centres, psychiatric and forensic institutions and other
detention facilities (see annex I). The members held meetings with relevant authorities of
Kazakhstan, the Human Rights Commissioner, representatives of the national preventive
mechanism, members of civil society and the United Nations Resident Coordinator in
Kazakhstan (see annex II).
4.
At the conclusion of the visit, the Subcommittee presented its confidential
preliminary observations orally to the authorities of Kazakhstan. In the present report, the
Subcommittee lays out its findings and recommendations concerning the prevention of
torture and ill-treatment of persons deprived of their liberty in Kazakhstan. In the report the
Subcommittee uses the generic term “ill-treatment” to refer to any form of cruel, inhuman
or degrading treatment or punishment.
5.
The Subcommittee requests the authorities of Kazakhstan to reply within six months
from the date of the transmission of the report, giving a full account of the actions taken by
the State party to implement the recommendations.
6.
The report will remain confidential until such time as the authorities of Kazakhstan
request the Subcommittee to make it public, in accordance with article 16 (2) of the
Optional Protocol. The Subcommittee draws the State party’s attention to the Special Fund
established under the Optional Protocol, as recommendations contained in public
Subcommittee visit reports can form the basis of an application for the funding of specific
projects under the Special Fund.
7.
The Subcommittee recommends that the authorities of Kazakhstan request the
publication of the present report in accordance with Optional Protocol article 16 (2).
It also recommends that the State party distribute the report to all the relevant
government departments and institutions.
8.
The Subcommittee wishes to express its gratitude to the authorities for their
cooperation and facilitation of the visit. In particular, it would like to thank the Government
of Kazakhstan for all the information received before and during the visit, for issuing
credentials for unrestricted access to places of deprivation of liberty and for designating
several focal points in the respective ministries.
9.
The authorities granted access to all places visited by the Subcommittee, and the
delegation was able to conduct private interviews of its choice in all the places visited.
However, at the Centre of Forensic Medicine in Astana and at the national anti-corruption
bureau in Almaty, access was delayed until the officers in charge, at the request of the focal
point, confirmed the credentials with their superiors.
10.
The Subcommittee recalls that the purpose of Subcommittee visits is to be able to
assess the everyday life of persons deprived of their liberty. It is of the view that additional
preparations made by the authorities could distort the overall picture, thus making it more
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