A/HRC/43/46/Add.1
effective investigations of reasonable allegations that an act of torture has been committed,
to have a competent and independent authority promptly and impartially examine the
evidence and to provide a remedy whenever harm has been caused.
2.
Detention and prison regimes
34.
The Special Rapporteur was informed that, previously, prisoners convicted of
terrorism and extremism offences were held in centralized locations, in which a range of
sentencing stipulations were available to them (including, family visits), but a change of
practice in 2017 means that such prisoners are now distributed among pretrial detention
centres of mixed regime. Overall, the Special Rapporteur is concerned that the detention
and prison regimes of individuals accused or convicted of acts of terrorism are de jure
(through the application of exemptions and permitted discretion) and de facto subject to
exceptional rules. She underscores that terrorism offences are not subject to bail provisions
or early release. Furthermore, although according to the law individuals convicted of acts of
terrorism are subject to the same rules as individuals convicted of other crimes, in practice,
the decision to engage them in a deradicalization programme and thus keep them separate
from the regular prison population dictates the detentions centres in which they carry out
their sentences. Moreover, it is extremely concerning to the Special Rapporteur that the
prison regime to which they are subjected reduces privileges, such as family visits (which
often take place only once a year), recreation and exercise periods, and follows from a
categorization of “detrimental trajectory”, which is separate from their willingness to
openly and assiduously take part in the deradicalization programmes. The Special
Rapporteur also received credible information on the regular use of solitary confinement for
prisoners charged with these offences. She notes that the medical, social and psychosocial
effects of prolonged isolation can be severe, and that solitary confinement and similar
forms of deprivation of human contact for a prolonged period of time amount to inhuman or
degrading treatment (A/HRC/13/39/Add.5, para. 234).
35.
In her view, both the exceptionality of the regime and the withdrawal of privileges
based on a subjective evaluation do not comply with international law standards. She is
concerned that religious beliefs and practices are being used as a placeholder in the
classification of radicalization. As the prisoner cannot materially rebut the assigned
classification or challenge the criteria used to define radicalization, this may amount to both
direct and indirect discrimination on the grounds of religious belief. The Special Rapporteur
noted, both in discussions with legal representatives and prisoners, that the change of
regime had adverse material consequences, and was in contravention of the formal legal
entitlements that prisoners have as a consequence of their sentence specifying the material
conditions of incarceration (Criminal Code, art. 46, and Criminal Corrections Code, art. 88).
These consequences appear to contravene the United Nations Standard Minimum Rules for
the Treatment of Prisoners (the Nelson Mandela Rules) and article 9 of the International
Covenant on Civil and Political Rights.
3.
Conditions of detention
36.
In Taldykorgan prison, the Special Rapporteur visited parts of the prison and met
with a number of prisoners charged with a variety of offences related to terrorism and
extremism. The prisoners visited were held in a specific prison wing. Overall, the prison
was orderly and clean, sleeping provision was adequate and books were present in the cells.
The toilet facility in each cell was very poor and lacked toilet paper for all prisoners visited.
Outdoor access and the exercise space for prisoners was highly constrained; a small,
enclosed concrete space offering no access to greenery and no meaningful opportunities to
exercise. Prisoners confirmed that they were able to pray. Only some of the prisoners had
family visits during the period of their stay, the length of which in some cases was
extensive. All were equally distressed at the absence of consistent, regular and sufficiently
long visits, which affected their familial and parental relationships.
37.
The Special Rapporteur is concerned that, despite the economic progress achieved in
Kazakhstan over the last 20 years, and the opulence and wealth displayed in its newly built
capital city, the prisons are decrepit and prisoners do not have access to the minimum
necessary for a dignified existence, including proper sanitary facilities and recreational
activities. She is adamant that the way in which a society treats its detainees is one of the
best indicators of its human rights culture in general. She strongly recommends that
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