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.
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