ON MANOEUVRING KAZAKHSTANS CRIMINAL LAW IN DEFINING TORTURE AND OTHER CRUEL, INHUMANE, AND DEGRADING TREATMENT AND PUNISHMENT
Mitskaya E. Sarykulov K. Utarov K.
2025Access to Justice in Eastern Europe
Access to Justice in Eastern Europe
2025#8Issue 1
Background: The issue of violence remains highly relevant in Kazakhstan today. Despite leg protections against violence and defence for individual rights, to date, there has been resolution to the issue of torture by or on behalf of the state. The foundations of Kazakhstan a rule-of-law state are undermined by violence. The states efforts to address the curre situation appear to be ineffective, fostering an environment where future violations of t rights, liberties, and legitimate interests of individuals, as protected by the Republic Kazakhstans Constitution, are encouraged. There is a trend towards governmental illeg violence being tolerated. It is unacceptable for law enforcement and prison personnel conduct torture as a standard practice. Systemic measures, including criminal law measur have a specific position in the fight against torture. This studys objectives are to analyse he torture and other cruel, inhumane treatment are criminalised under Kazakhstani crimir law, pinpoint issues with how these laws are applied, offer recommendations for address them, and contribute to the ongoing conversation surrounding these issues. Methods: The method of normative-legal research was used in the analysis of Kazakhsto criminal legislation on the qualification of torture. The method of conceptual analysis was us in the study of a new conceptual apparatus in the disclosure of understanding of ill-treatment a torture. The comparative-legal method allowed the analysis of the history of the development Kazakhstans criminal legislation on the criminalisation of torture and ill-treatment to be subj to critical analysis of the current norms of criminal law in comparison with international leg acts. The qualitative method was used to analyse the situation with torture according to offic data of the Committee on Legal Statistics and Special Records of the General Prosecutors Off of the Republic of Kazakhstan, appeals of Kazakhstani citizens to the Commissioner for Hum Rights in the Republic of Kazakhstan with complaints of torture.
Criminal Code , cruel , inhumane or degrading treatment , qualification of crimes , torture
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Department of Criminal Law and Criminal Procedure, M. Auezov South Kazakhstan University, Shymkent, Kazakhstan
Department of Criminal Law and Criminal Procedure
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