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. 11