A/HRC/16/52 Torture in November 2008. Among other measures, President Nazarbayev’s Decree of August 2010, "Measures to improve law enforcement and the judicial system in the Republic of Kazakhstan", endorsing several systemic reforms intended to humanize the prison system and reduce overcrowding in all places of detention, was presented by the authorities as a major breakthrough that would transform Kazakhstan’s criminal justice system. The current criminal justice system is still punitive, however, the Government expects that the planned reforms will produce a shift towards a more restorative justice system. In an effort to reduce the prison population, the decree includes a bill decriminalizing 19 offences which do not present a danger to society and converting them into administrative offences. However, while such decriminalization is aimed at humanization, it should be implemented with care since existing procedures under the Code on Administrative Offences offer fewer safeguards compared to the Criminal Procedure Code. As such, shifting 19 offences out of the Criminal Code means that future offenders will be deprived of basic human rights guarantees normally available under the Criminal Procedure Code. The Government informed the Special Rapporteur that alternative measures of punishment and prevention will also be developed to reduce overcrowding, together with a reduced sentence term for eleven crimes. 33. While welcoming the measures taken since his initial visit, the Special Rapporteur emphasized that there is still an acute need for ongoing reform of the criminal justice system. Furthermore, he pointed out that many legislative measures still needed to be taken to combat torture. Safeguards against torture, such as immediate registration upon arrest or apprehension, information about the detainee’s rights, prompt access to legal counsel, or the right to inform relatives, need to be developed or reinforced. Moreover, the Special Rapporteur and the participants in the consultations urged that all victims of torture be provided with effective remedies, adequate reparation and access to professional rehabilitation. Finally, the Special Rapporteur observed that there was need for improvement in the treatment of prisoners, especially with regard to medical treatment, education of penitentiary staff, and rehabilitation into society of former detainees. Ensuring the effectiveness of complaint mechanisms in closed institutions was considered a critical area requiring further improvement. 34. The incumbent Special Rapporteur, Juan E. Méndez, emphasizes the importance of follow-up country visits as an important way to continue the process of reform and other measures aimed at eradicating torture and ill-treatment. The Special Rapporteur encourages States that had been visited by previous mandate holders to conduct follow-up activities. To this end, he welcomes the opportunity to engage with States on following up conclusions and recommendations formulated by the Special Rapporteur based on country visits, as well as by the Universal Periodic Review and Treaty Body States reviews. III. Methodology of the Special Rapporteur on the question of torture 35. The Special Rapporteur wishes to acknowledge and thank his predecessors for their contribution to the mandate over its twenty-five year history. He intends to continue and build on the momentum set by them. 36. The Special Rapporteur intends to engage in constructive dialogue with Member States, and place emphasis on identifying areas of cooperation with a view to addressing issues of concern. In addition to responding to allegations of torture or ill-treatment, the Special Rapporteur hopes to engage proactively with States to prevent torture, as this is one of the most effective ways to achieve compliance with absolute prohibition of torture as provided for under international law. 8

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents