A/HRC/43/46/Add.1
social media posts must never be arbitrary, and should comply with the principles of
legality, proportionality, necessity and non-discrimination and provide an effective remedy.
B.
Treatment of individuals accused of acts of terrorism and extremism
29.
The prison infrastructure of Kazakhstan has experienced substantial changes since
the State’s establishment. Having inherited a Soviet prison infrastructure, including
extremely high levels of incarceration, Kazakhstan has moved in its general penal practice
to significantly decrease its prison population, expand conditional and early release, bring
rehabilitation strategies to the prison population through employment opportunities while in
prison, family unification and socialization for return to ordinary life.26 These moves are
commended and constitute a positive step forward for penal policy and human rights.
During her visit, the Special Rapporteur visited Taldykorgan prison, a mixed pretrial
detention facility, where she was given the opportunity to both inspect cells and meet
privately with inmates convicted for acts of terrorism.
1.
Torture and ill-treatment
30.
The Special Rapporteur is encouraged by the declared commitment of Kazakhstan to
a zero-tolerance policy vis-à-vis torture and ill-treatment, the establishment of a national
mechanism to prevent torture and other cruel, inhuman and degrading treatment, which
carried out 2,407 visits (both preventive and special) in the last five years, including 488 in
2018, and the establishment of the national preventive mechanism under the auspices of the
ombudsperson. However, she has ongoing concerns about the implementation and rigour in
practice of the prohibition on torture and other cruel, inhuman or degrading treatment for
persons charged with or convicted of such offences. She identifies the lack of regional
presence and its location within heavily fortified and security-laden government offices as a
weakness of the Ombudsperson’s Office.
31.
During her prison visit, the Special Rapporteur noted that some inmates were
distressed and fearful of reprisals for speaking with her. She received consistent reports that,
prior to their transfer to the Taldykorgan facility, some of the prisoners interviewed had
experienced ill-treatment in custody, notably “welcome” beatings during “quarantine”
detention. 27 She personally observed residual marks, which were consistent with the
testimony of one individual interviewed regarding ill-treatment.
32.
While the Special Rapporteur acknowledges the presence of a telephone and a
complaint box on each corridor outside the prisoners’ cells in Taldykorgan, she remarks
that it is quite unlikely in practice that these will be extensively used. She was informed, by
several interlocutors, that a lawyer was necessary to file a complaint of torture, which can
be an insurmountable obstacle for a detainee, particularly for those in temporary detention
facilities. Furthermore, she observes that, although there have been some cases in which
perpetrators were sanctioned, which is much welcomed, she did not receive a clear response
from any government ministry on either the exact number of convictions or on what
concrete and practical remedies were directly available to ill-treated prisoners, including
but not limited to rehabilitation. She is particularly concerned that it was reported that a
significant number of cases were dismissed due to excessive evidentiary standards and that
the only apparent remedy was the removal of the victim from the hands of the perpetrator.
This is wholly insufficient in light of the gravity of the crime of torture. Worryingly,
unsuccessful claimants are automatically charged with the crime of false reporting, which is
a retaliatory measure.
33.
Victims of torture and ill-treatment have a right to a remedy and adequate reparation
for harms suffered. In situations in which the mechanisms are ineffective or inexistent, the
right to an effective remedy and reparation remains illusory and impunity prevails. In the
Special Rapporteur’s view, several systemic improvements must be made to these
mechanisms in Kazakhstan to ensure that they are able to fulfil their preventive, protective
and reparative role. She urges the Government to ensure that individuals alleging torture
have the right to complain without fear of reprisals and there are prompt, thorough and
26
27
See www.prisonstudies.org/country/kazakhstan.
Criminal Code, art. 93.
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